Smith v. Martel

Filing 24

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 Robert Lee SMITH Jr., Petitioner, 13 14 15 Case Number 5-11-cv-3062-EJD v. Kevin CHAPPELL, Acting Warden of San Quentin State Prison, 16 DEATH-PENALTY CASE ORDER SHORTENING TIME FOR BRIEFING SECOND MOTION FOR EQUITABLE TOLLING Respondent. 17 18 Petitioner’s capital habeas petition is due on September 28, 2012. Petitioner has filed a 19 Second Motion for Equitable Tolling, in which he seeks an extension to November 28, 2012. 20 (Doc. No. 23.) The parties agree that the Motion may be heard on an expedited basis. (Id. at 9; 21 Doc. No. 23-1.) Accordingly, the request to shorten time is granted. Respondent shall respond 22 to the Motion by 12:00 noon on Monday, September 24, and Petitioner may reply to the response 23 by 9:00 a.m. on Tuesday, September 25, 2012. The Court will take the matter under submission 24 without oral argument. It is so ordered. 25 26 27 28 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) 1 2 UNITED STATES DISTRICT COURT 3 FOR THE 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 ROBERT LEE SMITH, JR., Case Number: CV11-03062 EJD 7 Plaintiff, CERTIFICATE OF SERVICE 8 v. 9 MICHAEL MARTEL et al, 10 Defendant. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 / 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 25 26 27 28 2 Case No. 5-11-cv-3062-EJD ORDER SHORTENING TIME FOR BRIEFING SECOND MOTION FOR EQUITABLE TOLLING (DPSAGOK)

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