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Barnett v. Singh

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Mar 28, 2013
No. C 08-01604 RMW (N.D. Cal. Mar. 28, 2013)

Opinion

No. C 08-01604 RMW

03-28-2013

DENNIS RAY BARNETT, Petitioner, v. VIMAL SINGH, Warden, et al. Respondents.

STEVEN G. KALAR Federal Public Defender CYNTHIA C. LIE Assistant Federal Public Defender Counsel for Petitioner DENNIS RAY BARNETT


STEVEN G. KALAR
Federal Public Defender
CYNTHIA C. LIE
Assistant Federal Public Defender
Counsel for Petitioner DENNIS RAY BARNETT

STIPULATION AND []

ORDER EXTENDING BRIEFING

SCHEDULE ON RESPONDENT'S

MOTION TO DISMISS


STIPULATION

The Ninth Circuit Court of Appeals issued its memorandum opinion on February 22, 2013, vacating this Court's judgment and remanding for consideration of the timeliness of the petition based upon the Ninth Circuit's opinion in Bills v. Clark, 628 F.3d 1092 (9th Cir. 2010). The Court of Appeals' mandate was issued on March 18, 2013. On March 19, 2013, respondents filed a Motion to Dismiss the Petition as Procedurally Barred, which addresses a novel issue that is not related to the underlying issue on appeal - whether the petition is entitled to equitable tolling of the statute of limitations under 28 U.S.C. § 2244(d).

The parties hereby stipulate and agree that the current briefing schedule on respondents' motion to dismiss may be extended to allow petitioner additional time to file his opposition to respondents' motion. The current due date for petitioner's opposition brief is April 2, 2013. The purpose of this extension request is to allow petitioner's counsel additional time to research and prepare petitioner's opposition brief which addresses an issue not previously raised in this matter.

The parties agree on the following briefing schedule: petitioner shall file his opposition to respondents' motion to dismiss on or before April 22, 2013. Respondents may file an optional reply brief on or before May 6, 2013. The motion hearing date set for May 17, 2013 at 9:00 a.m. shall remain the same.

______________________

GREGORY A. OTT

Deputy Attorney General

______________________

CYNTHIA C. LIE

Assistant Federal Public Defender

[] ORDER

Good cause appearing and by stipulation of the parties, it is hereby ordered that the current briefing schedule on the respondents' motion to dismiss be extended to allow petitioner to file his opposition on or before April 22, 2013, with respondent's reply brief, if any, to be filed on or before May 6, 2013. The motion hearing date set for May 17, 2013 at 9:00 a.m. shall remain the same.

______________________

RONALD M. WHYTE

United States District Judge


Summaries of

Barnett v. Singh

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Mar 28, 2013
No. C 08-01604 RMW (N.D. Cal. Mar. 28, 2013)
Case details for

Barnett v. Singh

Case Details

Full title:DENNIS RAY BARNETT, Petitioner, v. VIMAL SINGH, Warden, et al. Respondents.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Mar 28, 2013

Citations

No. C 08-01604 RMW (N.D. Cal. Mar. 28, 2013)