Barnett v. Knowles et al

Filing 26

STIPULATION AND ORDER 25 Extending Briefing Schedule on Respondent's Motion to Dismiss. Signed by Judge Ronald M. Whyte on 4/6/09. (jg, COURT STAFF) (Filed on 4/6/2009)

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BARRY J. PORTMAN Federal Public Defender CYN THIA C. LIE Assistant Federal Public Defender 160 West Santa Clara Street, Suite 575 San Jose, CA 95113 Telephone: [phone] Counsel for Petitioner DENNIS RAY BARNETT

*E-FILED - 4/6/09*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) Petitioner, ) v. ) ) ) MIKE KNOWLES, Warden, et al. ) ) Respondents. _____________________________________ ) DENNIS RAY BARNETT, No. C 08-01604 RMW STIPULATION AND [] ORDER EXTENDING BRIEFING SCHEDULE ON RESPONDENT'S MOTION TO DISMISS

STIPULATION The parties hereby stipulate and agree that the currently set briefing schedule on respondents' motion to dismiss may be extended to allow petitioner additional time to file his opposition to respondents' motion. The current due date for petitioner's opposition brief is April 6, 2009. As of the date of this stipulation, the parties have not yet received a copy of petitioner's inmate file from the Department of Corrections and Rehabilitation due to the voluminous amount of material contained in the file. The parties anticipate that a copy of the inmate file will be provided within the next two weeks for their review. The purpose of this extension request is to allow petitioner's counsel further time to obtain the inmate file, review the voluminous records, and conduct any further investigation in order to prepare the opposition brief. The parties agree
S t i p u l a t io n and [] Order E x t e n d i n g B r i e f i n g Schedule N o. C 08 -0 16 04 R M W

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on the following briefing schedule: petitioner shall file his opposition to respondents' motion to dismiss on or before July 6, 2009. Respondents may file an optional reply brief on or before August 21, 2009.

Dated: April 1, 2009 __/s/__________________________ GREGORY A. OTT Deputy Attorney General

Dated: April 1, 2009 __/s/____________________________ CYN THIA C. LIE Assistant Federal Public Defender

[] ORDER 14 Good cause appearing and by stipulation of the parties, it is hereby ordered that the 15 currently set briefing schedule on the respondent's motion to dismiss be extended to allow 16 petitioner to file his opposition on or before July 6, 2009, with respondent's reply brief, if any, to 17 be filed on or before August 21, 2009. 18 19 20 21 22 23 24 25 26
S t i p u l a t io n and [] Order E x t e n d i n g B r i e f i n g Schedule N o. C 08 -0 16 04 R M W

6 Dated: April ____, 2009
_______________________________ RONALD M. WHYTE Unit ed States District Judge

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