Prescott v. Santoro

Filing 10

Order Regarding Briefing Schedule. Signed by Judge Lucy Koh on 06/24/2016. (lhklc2S, COURT STAFF) (Filed on 6/24/2016)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
SAN JOSE DIVISION

United States District Court
Northern District of California

11
12

EARNEST L. PRESCOTT,
Petitioner,

13
14
15
16

Case No. 16-CV-01359-LHK
ORDER REGARDING BRIEFING
SCHEDULE

v.

Re: Dkt. No. 5
KELLY SANTORO,
Respondent.

17
18

On March 21, 2016, Petitioner Earnest Prescott (“Petitioner”), represented by counsel,

19

filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2244. ECF No. 1. On April

20

27, 2016, U.S. Magistrate Judge Donna Ryu, to whom this action was originally assigned, issued

21

an Order to Show Cause which stated that “[i]t does not appear from the face of the [P]etition that

22

it is without merit.” ECF No. 5 at 1.

23

Consequently, Judge Ryu set a briefing schedule which required Respondent to consent to

24

or decline magistrate judge jurisdiction within 28 days of her April 27, 2016 order. Id. Judge Ryu

25

also ordered Respondent to file an answer or motion to dismiss within 60 days of her April 27,

26

2016 order, with additional deadlines set for Petitioner to file a traverse or opposition. Id. at 2.

27

Finally, Judge Ryu stated that, “[w]hether Respondent consents or declines to proceed before the

28

1
Case No. 16-CV-01359-LHK
ORDER REGARDING BRIEFING SCHEDULE

1

assigned Magistrate Judge, the parties shall abide by the briefing schedule” set forth in Judge

2

Ryu’s April 27, 2016 order. Id.

3

On June 1, 2016, Respondent filed a declination of magistrate judge jurisdiction. ECF No.

4

7. Accordingly, the instant action was reassigned to the undersigned judge on June 3, 2016. ECF

5

No. 9. Respondent has not requested an extension of time to the briefing schedule set by Judge

6

Ryu. Accordingly, consistent with Judge Ryu’s April 27, 2016 order, Respondent’s answer or

7

motion to dismiss is due on June 27, 2016; Petitioner’s traverse or opposition is due on July 25,

8

2016; and Respondent’s reply (if Respondent files a motion to dismiss) is due on August 8, 2016.

9

IT IS SO ORDERED.

10

Dated: June 24, 2016
______________________________________
LUCY H. KOH
United States District Judge

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2
Case No. 16-CV-01359-LHK
ORDER REGARDING BRIEFING SCHEDULE