Smith v. Martel
Filing
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ORDER Granting 23 Motion for Extension of Time for Briefing Second Motion for Equitable Tolling. The parties agree that the Motion may be heard on an expedited basis. Accordingly, the request to shorten time is granted. Respondent shall respond to the Motion by 12:00 noon on Monday, September 24, and Petitioner may reply to the response by 9:00 a.m. on Tuesday, September 25, 2012. The Court will take the matter under submission without oral argument. Signed by Judge Edward J. Davila on 9/21/2012. (ecg, COURT STAFF) (Filed on 9/21/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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Robert Lee SMITH Jr.,
Petitioner,
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Case Number 5-11-cv-3062-EJD
v.
Kevin CHAPPELL,
Acting Warden of San Quentin State Prison,
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DEATH-PENALTY CASE
ORDER SHORTENING TIME FOR
BRIEFING SECOND MOTION FOR
EQUITABLE TOLLING
Respondent.
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Petitioner’s capital habeas petition is due on September 28, 2012. Petitioner has filed a
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Second Motion for Equitable Tolling, in which he seeks an extension to November 28, 2012.
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(Doc. No. 23.) The parties agree that the Motion may be heard on an expedited basis. (Id. at 9;
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Doc. No. 23-1.) Accordingly, the request to shorten time is granted. Respondent shall respond
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to the Motion by 12:00 noon on Monday, September 24, and Petitioner may reply to the response
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by 9:00 a.m. on Tuesday, September 25, 2012. The Court will take the matter under submission
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without oral argument.
It is so ordered.
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DATED: September 21, 2012
__________________________________
EDWARD J. DAVILA
United States District Judge
Case No. 5-11-cv-3062-EJD
ORDER SHORTENING TIME FOR BRIEFING SECOND MOTION FOR EQUITABLE TOLLING
(DPSAGOK)
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UNITED STATES DISTRICT COURT
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FOR THE
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NORTHERN DISTRICT OF CALIFORNIA
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ROBERT LEE SMITH, JR.,
Case Number: CV11-03062 EJD
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Plaintiff,
CERTIFICATE OF SERVICE
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v.
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MICHAEL MARTEL et al,
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Defendant.
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/
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on September 21, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.
California Appellate Project
Federal Court Docketing
101 Second Street Suite 600
San Francisco, CA 94105
Michael David Laurence
Habeas Corpus Resource Center
303 Second Street Suite 400
San Francisco, CA 94107
Robert Lee Smith H-95100
San Quentin State Prison
San Quentin, CA 94974
Dated: September 21, 2012
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk
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Case No. 5-11-cv-3062-EJD
ORDER SHORTENING TIME FOR BRIEFING SECOND MOTION FOR EQUITABLE TOLLING
(DPSAGOK)
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