Stamps v. Grounds

Filing 33

ORDER SETTING BRIEFING SCHEDULE ON PETITIONER'S MOTION TO REOPEN. Signed by Judge Beth Labson Freeman. (blflc2S, COURT STAFF) (Filed on 6/28/2016)

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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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KEITH STAMPS,

Case No. 12-cv-05753-BLF

Plaintiff,
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v.

ORDER SETTING BRIEFING
SCHEDULE ON PETITIONER'S
MOTION TO REOPEN

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RANDY GROUNDS,

United States District Court
Northern District of California

Defendant.
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On June 2, 2016, this Court issued an indicative ruling pursuant to Federal Rule of Civil

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Procedure 62.1(a)(3) that it would likely grant Petitioner’s motion to reopen based on not having

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received the December 29, 2015 Order to Show Cause were the above-captioned case to be

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remanded for that purpose. See Order on Remand (“First Order on Remand”), ECF 30. On June

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24, 2016, the Court of Appeals remanded the case to this Court for the limited purpose of ruling

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on Petitioner’s motion to reopen proceedings. See ECF 32.

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The Court therefore ORDERS Defendant to respond to Petitioner’s motion to reopen, see
ECF 26, by no later than July 12, 2016. Defendant shall serve Petitioner by mail addressed to:
Keith Stamps AB1095
Salinas Valley State Prison
P.O. Box 1050 B5-135
Soledad, CA 93960
Petitioner’s reply, which he may choose to file on his own behalf or through Donald Thomas
Bergerson, who has not withdrawn as counsel, is due by no later than July 29, 2016. The matter
shall be submitted without oral argument.

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The Clerk shall serve a copy of this Order on Petitioner.

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IT IS SO ORDERED.

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Dated: June 28, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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