Elliott v. Vail et al

Filing 14

ORDER granting 13 Motion for Extension of Time to Answer; Respondents' answer due 9/14/2011. Signed by Magistrate Judge Karen L Strombom.(CMG; cc to Petitioner)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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BRIAN HOWARD ELLIOTT,

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Petitioner,
v.
ELDON VAIL and WASHINGTON
STATE DEPARTMENT OF
CORRECTIONS,

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NO. C11-5377 BHS/KLS
ORDER GRANTING
RESPONDENT’S MOTION FOR
EXTENSION OF TIME TO FILE
ANSWER

Respondents

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Before the Court is Respondent’s Motion for Extension of Time to File an Answer to
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Petition for Writ of Habeas Corpus. ECF No. 13. Respondent’s Answer is currently due on

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August 1, 2011. Respondent requests a forty-five day extension of time until September 14,

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2011 to allow counsel sufficient time to review and prepare the relevant state court record. Id.

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When counsel for Respondent filed his motion, he had received some but not all of the state

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court record. In addition, counsel will be on pre-scheduled military leave out of state from

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August 7 to August 21, 2011. Although the motion for extension is noted for August 12, 2011,

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the court finds that the request is reasonable.
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Accordingly, it is ORDERED:
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Respondent’s motion for an extension of time (ECF No. 13) is GRANTED.

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Respondent shall file his Answer on or before September 14, 2011. The Answer will be

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treated in accordance with Local Rule CR 7. Accordingly, upon receipt of the Answer the

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ORDER

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Clerk will note the matter for consideration on the fourth Friday after the answer is filed,

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Petitioner may file and serve a response not later than on the Monday immediately preceding

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the Friday appointed for consideration of the matter, and Respondent may file and serve a reply
brief not later than the Friday designated for consideration of the matter.

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2.

The Clerk shall send copies of this Order to Petitioner and counsel for

Respondent.

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DATED this

11th day of August, 2011.

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Karen L. Strombom
United States Magistrate Judge

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ORDER

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