Clark v. Ayers

Filing 455

STIPULATION AND ORDER to Continue Date for Submission of Answer to Fifth Amended Petition re 454 Stipulation. Answer due 12/7/2009. Please see Order for further scheduling deadlines. Signed by Judge James Ware on 11/19/2009. (ecg, COURT STAFF) (Filed on 11/23/2009)

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1 [Proposed] Order (C-97-20618 JW)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

RICHARD DEAN CLARK,

Case No. C-97-20618 JW Petitioner, DEATH PENALTY CASE

v. JILL L. BROWN, Warden of California State Prison at San Quentin, Respondent.

[PROPOSED] RESCHEDULING ORDER

The parties jointly request that the Court reschedule events in the present action. Pursuant to stipulation and the joint request of the parties, the Court grants the request and adopts the following schedule. (1) (2) (3) Respondent shall answer the fifth amended petition on or before December 7, 2009. Petitioner shall move for discovery on or before December 14, 2009. Petitioner shall file his traverse and Respondent shall file any opposition to the

motion for discovery on or before January 15, 2010. (4) Petitioner shall file any reply to the motion for discovery on or before February 12, 2010.

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Unless otherwise ordered, the Court will take the motion for discovery under submission without oral argument upon the filing of the reply brief or the expiration of the time to file a reply brief. The Court subsequently will schedule the briefing of motions for an evidentiary hearing and summary judgment. It is so ordered. November 19, 2009 Dated: ___________________________ __________________________ JAMES WARE United States District Judge

2 [Proposed] Order (C-97-20618 JW)