Filed: Dec. 04, 2019
Latest Update: Dec. 04, 2019
Summary: ORDER GRANTING PETITIONER'S MOTION FOR EXTENSION IN PART BRIAN A. TSUCHIDA , Magistrate Judge . On November 22, 2019, respondent filed a response to petitioner's federal habeas writ and the state court record; the matter was noted for December 20, 2019 as ready for the court's consideration. Dkt. 12, 13. On December 2, 2019, petitioner moved the court to extend to April 15, 2020, the time for him to file a reply. The Court DENIES the four month extension. Respondent's argument that petitio
Summary: ORDER GRANTING PETITIONER'S MOTION FOR EXTENSION IN PART BRIAN A. TSUCHIDA , Magistrate Judge . On November 22, 2019, respondent filed a response to petitioner's federal habeas writ and the state court record; the matter was noted for December 20, 2019 as ready for the court's consideration. Dkt. 12, 13. On December 2, 2019, petitioner moved the court to extend to April 15, 2020, the time for him to file a reply. The Court DENIES the four month extension. Respondent's argument that petition..
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ORDER GRANTING PETITIONER'S MOTION FOR EXTENSION IN PART
BRIAN A. TSUCHIDA, Magistrate Judge.
On November 22, 2019, respondent filed a response to petitioner's federal habeas writ and the state court record; the matter was noted for December 20, 2019 as ready for the court's consideration. Dkt. 12, 13.
On December 2, 2019, petitioner moved the court to extend to April 15, 2020, the time for him to file a reply. The Court DENIES the four month extension. Respondent's argument that petitioner failed to properly present his federal habeas claims to the highest state court relies upon facts petitioner should be familiar with. Either petitioner presented his federal habeas claims to the highest court or he did not. As petitioner litigated the matter in the state courts, he should be aware of whether he properly presented his federal habeas claims.
Respondent agrees petitioner properly presented five grounds for relief. As these are grounds petitioner has already argued in the state courts, the Court finds that an extension of 4 weeks is appropriate. The Court thus ORDERS:
1. Any reply to respondent's response that petitioner wishes to file must be filed no later than January 24, 2020.
2. The Clerk shall note this matter for January 24, 2020 as ready for the Court's consideration.
3. The clerk shall provide a copy of this Order to Petitioner and to counsel for the Respondent.
