Clark v. Ayers

Filing 444

STIPULATION AND ORDER GRANTING EXTENSION TO CONTINUE DATE FOR SUBMISSION OF AMENDED PETITION AND ANSWER re 443 Stipulation. The Fifth Amended Petition be extended to August 28, 2009, and the time to file the Answer be extended to September 30, 2009. Signed by Judge James Ware on 8/13/2009. (ecg, COURT STAFF) (Filed on 8/14/2009) Modified on 9/17/2009 (cv, COURT STAFF).

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JOHN R. GRELE State Bar No. 167080 149 Natoma St., third floor San Francisco, California 94105 [phone] (telephone) [phone] (fax) LYNN E COFFIN State Bar No. 121389 38 Miller Ave., #328 Mill Valley, CA 94941 [phone] Attorneys for Petitioner RICHARD DEAN CLARK

UNITED STATES DISTRICT COURT NOR THE RN DISTRICT OF CALIFORNIA SAN JOSE DIVISION RICHARD DEAN CLARK, ) ) ) ) ) ) ) ) ) ) ) ) ) No. C-97-20618-JW

14 Petitioner, 15 vs. 16 17 18 19 Respondent. 20 21 ROBERT WONG, Warden of California State Prison at San Quentin, California,

JOINT STIPULATION AND ORDER TO CONTINUE DATE FOR SUBMISSION OF AMENDED PETITION AND ANSWER

DEATH PENALTY CASE

WHEREAS the Court issued an order on July 27, 2009 for Mr. Clark to file his Fifth Amended Petition by August 10, 2009, and Respondent to file his Answer by September 14, 2009; 22 WHEREAS counsel for Petitioner has been preparing for a death penalty trial that was set for 23 September 1, 2009 and on August 4, 2009 was continued to January 12, 2010, and has, therefore, not 24 been able to work on this matter until today; 25 WHEREAS counsel for Petitioner is planning to be on vacation during the weeks of August 10, 26 2009 and August 17, 2009; 27 WHEREAS counsel for the parties have conferred and agreed to extend the deadlines for the 28 filing of the Fifth Amended Petition and the Answer; and

Jnt. Stip. & Order to Continue No. C-97-20618-JW

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WHEREAS counsel intend to meet the remaining deadlines in the Court's Scheduling Order; IT IS HEREBY STIPULATED by the parties, and respectfully requested of the Court, that the time for the filing of the Fifth Amended Petition be extended to August 28, 2009, and the time to file the Answer be extended to September 30, 2009 Dated: August 5, 2009 Respectfully submitted, JOHN R GRELE LYNN E S. COFFIN Attorneys for Petitioner RICHARD DEAN CLARK By:_____/s/___________________ John R Grele Dated: August 5, 2009 EDMUND G. BROWN JR. Attorney General DANE R. GILLETTE Chief Assistant Attorney General GERALD A. ENGLER Senior Assistant Attorney General GLENN R. PRUDEN Supervising Deputy Attorney General ALICE LUSTRE Deputy Attorney General Attorneys for Respondent ROBERT AYERS By: __________/s/_______________ Alice Lustre

IT IS SO ORDERED:
8/13/2009 Dated: ____________

__________________________ Hon. James Ware Unit ed States District Judge

Jnt. Stip. & Order to Continue No. C-97-20618-JW

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