Barnett v. Knowles et al

Filing 63

STIPULATION AND ORDER 62 Extending Briefing Schedule on Respondent's Motion to Dismiss, Set/Reset Deadlines as to 61 MOTION to Dismiss Petition for Writ of Habeas Corpus as Procedurally Barred. Motion Hearing set for 5/17/2013 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 3/28/13. (jg, COURT STAFF) (Filed on 3/28/2013)

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1 4 STEVEN G. KALAR Federal Public Defender CYNTHIA C. LIE Assistant Federal Public Defender 160 West Santa Clara Street, Suite 575 San Jose, CA 95113 Telephone: (408) 291-7753 5 Counsel for Petitioner DENNIS RAY BARNETT 2 3 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 10 11 12 13 14 15 No. C 08-01604 RMW ) ) ) ) Petitioner, ) v. ) ) ) VIMAL SINGH, Warden, et al. ) Respondents. ) _____________________________________ ) DENNIS RAY BARNETT, STIPULATION AND [] ORDER EXTENDING BRIEFING SCHEDULE ON RESPONDENT’S MOTION TO DISMISS 16 STIPULATION 17 18 The Ninth Circuit Court of Appeals issued its memorandum opinion on February 22, 19 2013, vacating this Court’s judgment and remanding for consideration of the timeliness of the 20 petition based upon the Ninth Circuit’s opinion in Bills v. Clark, 628 F.3d 1092 (9th Cir. 2010). 21 The Court of Appeals’ mandate was issued on March 18, 2013. On March 19, 2013, respondents 22 filed a Motion to Dismiss the Petition as Procedurally Barred, which addresses a novel issue that 23 is not related to the underlying issue on appeal - whether the petition is entitled to equitable 24 tolling of the statute of limitations under 28 U.S.C. § 2244(d). 25 26 The parties hereby stipulate and agree that the current briefing schedule on respondents’ motion to dismiss may be extended to allow petitioner additional time to file his opposition to Stipulation and [] Order Extending Briefing Schedule No. C 08-01604 RMW 1 1 respondents’ motion. The current due date for petitioner’s opposition brief is April 2, 2013. The 2 purpose of this extension request is to allow petitioner’s counsel additional time to research and 3 prepare petitioner’s opposition brief which addresses an issue not previously raised in this 4 matter. 5 The parties agree on the following briefing schedule: petitioner shall file his opposition to 6 respondents’ motion to dismiss on or before April 22, 2013. Respondents may file an optional 7 reply brief on or before May 6, 2013. The motion hearing date set for May 17, 2013 at 9:00 a.m. 8 shall remain the same. 9 10 Dated: March 25, 2013 11 __/s/__________________________ GREGORY A. OTT Deputy Attorney General 12 13 14 Dated: March 25, 2013 15 __/s/____________________________ CYNTHIA C. LIE Assistant Federal Public Defender 16 17 18 19 [] ORDER Good cause appearing and by stipulation of the parties, it is hereby ordered that the 20 current briefing schedule on the respondents’ motion to dismiss be extended to allow petitioner 21 to file his opposition on or before April 22, 2013, with respondent’s reply brief, if any, to be filed 22 on or before May 6, 2013. The motion hearing date set for May 17, 2013 at 9:00 a.m. shall 23 remain the same. 24 Dated: ______________________ 25 _______________________________ RONALD M. WHYTE United States District Judge 26 Stipulation and [] Order Extending Briefing Schedule No. C 08-01604 RMW 2

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