Arguello v. Muniz, 1:18-cv-00383-DAD-JDP. (2019)
Court: District Court, E.D. California
Number: infdco20190110871
Visitors: 15
Filed: Jan. 09, 2019
Latest Update: Jan. 09, 2019
Summary: ORDER GRANTING PETITIONER'S MOTION TO AMEND PETITION FOR WRIT OF HABEAS CORPUS AND SETTING BRIEFING SCHEDULE ECF No. 22 JEREMY D. PETERSON , Magistrate Judge . Petitioner Eric Arguello, a state prisoner represented by counsel, seeks a writ of habeas corpus under 28 U.S.C. 2254. Petitioner moves to amend his petition, ECF No. 22, and respondent does not oppose, ECF No. 26. The court will grant petitioner's motion to amend and set a new briefing schedule. Order 1. Petitioner's motion to a
Summary: ORDER GRANTING PETITIONER'S MOTION TO AMEND PETITION FOR WRIT OF HABEAS CORPUS AND SETTING BRIEFING SCHEDULE ECF No. 22 JEREMY D. PETERSON , Magistrate Judge . Petitioner Eric Arguello, a state prisoner represented by counsel, seeks a writ of habeas corpus under 28 U.S.C. 2254. Petitioner moves to amend his petition, ECF No. 22, and respondent does not oppose, ECF No. 26. The court will grant petitioner's motion to amend and set a new briefing schedule. Order 1. Petitioner's motion to am..
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ORDER GRANTING PETITIONER'S MOTION TO AMEND PETITION FOR WRIT OF HABEAS CORPUS AND SETTING BRIEFING SCHEDULE ECF No. 22
JEREMY D. PETERSON, Magistrate Judge.
Petitioner Eric Arguello, a state prisoner represented by counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner moves to amend his petition, ECF No. 22, and respondent does not oppose, ECF No. 26. The court will grant petitioner's motion to amend and set a new briefing schedule.
Order
1. Petitioner's motion to amend petition, ECF No. 22, is granted.
2. Within sixty (60) days of the date of service of this order, respondent must file a response to the petition.
3. A response may be one of the following:
A. An answer addressing the merits of the petition. Any argument by respondent that petitioner has procedurally defaulted a claim must be raised in the answer, which must also address the merits of petitioner's claims.
B. A motion to dismiss the petition.
4. Within sixty (60) days of the date of service of this order, respondent must file all ` transcripts and other documents necessary for resolving the issues presented in the petition. See Rules Governing Section 2254 Cases, Rule 5(c).
5. If respondent files an answer to the petition, petitioner may file a traverse within thirty (30) days of the date of service of respondent's answer. If no traverse is filed within thirty days, the petition and answer are deemed submitted.
6. If respondent moves to dismiss, petitioner must file an opposition or statement of non-opposition within twenty-one (21) days of the date of service of respondent's motion. Any reply to an opposition to the motion to dismiss must be filed within seven (7) days after the opposition is served. The motion to dismiss will be considered submitted twenty-eight (28) days after the service of the motion or when the reply is filed, whichever comes first. See Local Rule 230(l).
If any party requires additional time, that party should file a motion for amendment of the schedule before a deadline has passed and explain in detail why the party cannot comply with this schedule.
IT IS SO ORDERED.
Source: Leagle
