Cordova v. Terhune, et al

Filing 49

ORDER SETTING BRIEFING SCHEDULE AND HEARING ON 46 , 47 , 48 PETITIONER'S MOTIONS FILED FEBRUARY 17, 2009. Motion Hearing set for 2/26/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 2/19/09. (jflc2, COURT STAFF) (Filed on 2/19/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 An evidentiary hearing in the above-entitled habeas action presently is scheduled for February 26, 2009 at 9:00 a.m. On February 17, 2009, Petitioner filed motions to continue the hearing, to permit Petitioner to obtain dental services, and for a temporary restraining order to prevent prison officials from disposing of certain property. Respondent shall file and serve any responses to the motions on or before February 23, 2009 at 5:00 p.m. Petitioner shall file and serve any replies on or before February 25, 2009 at 5:00 p.m. The motions will be heard on February 26, 2009 at 9:00 a.m; counsel may appear telephonically by prior arrangement. In light of the procedural posture of this case, including the fact that Petitioner's counsel apparently has yet to file the paperwork necessary to transfer Petitioner from state to federal custody so that he may testify, it is clear that the evidentiary hearing cannot proceed on February 26. Respondent may oppose the motions on any appropriate ground, including but not limited to
C a s e No. C 01-20168 JF O R D E R SETTING BRIEFING SCHEDULE AND HEARING RE PETITIONER'S MOTIONS FILED FEBRUARY 17, 2009 (JFLC2)

**E-Filed 2/19/09**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

JOHNNY CORDOVA, Petitioner, v. C.A. TERHUNE, Respondent.

Case Number C 01-20168 JF ORDER SETTING BRIEFING SCHEDULE AND HEARING ON PETITIONER'S MOTIONS FILED FEBRUARY 17, 2009

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Petitioner's lack of diligence in taking the steps necessary to permit the hearing to occur.. IT IS SO ORDERED. DATED: 2/19/09 __________________________________ JEREMY FOGEL United States District Judge

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C a s e No. C 01-20168 JF O R D E R SETTING BRIEFING SCHEDULE AND HEARING RE PETITIONER'S MOTIONS FILED FEBRUARY 17, 2009 (JFLC2)

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Copies of Order served on:

Laurence K. Sullivan [e-mail], [e-mail] Maureen J. Shanahan [e-mail] Peggy S. Ruffra [e-mail], [e-mail] Johnny Cordova K-16714 Corcoran State Prison P O Box 3471 3C01-118 Corcoran, CA 93212

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C a s e No. C 01-20168 JF O R D E R SETTING BRIEFING SCHEDULE AND HEARING RE PETITIONER'S MOTIONS FILED FEBRUARY 17, 2009 (JFLC2)