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Morris v. Malfi

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


February 5, 2008

TARAY T. MORRIS PETITIONER,
v.
TONY MALFI, WARDEN, ET AL. RESPONDENT.

The opinion of the court was delivered by: Judge: Hon. Susan Illston

STIPULATION AMENDING BRIEFING SCHEDULE FOR MOTION TO DISMISS AND PROPOSED ORDER

On December 4, 2006, Petitioner filed his initial pro per §2254 petition. On October 29, 2008, with leave of this Court, Petitioner's appointed counsel filed an 19 amended petition. On December 26, 2007, Respondent filed a timely Motion to Dismiss the First Amended §2254 Petition. The Court issued an order on January 8, 2008, setting a briefing schedule for the motion to dismiss, with petitioner's opposing brief due February 9, 2008, and respondent's reply brief due February 22, 2008.

Counsel for petitioner has substantially completed petitioner's brief.

However, counsel is currently awaiting records from hospitals that have treated Mr. Morris. It is not yet known whether the records of his treatment still exist at each of these hospitals, but the private investigator working with petitioner's counsel was somewhat delayed in locating the hospitals and requesting records from them.

Therefore, additional time is needed for petitioner to give the hospitals a reasonable time to respond, so any relevant medical records can be submitted along with the brief. Petitioner remains incarcerated, serving the sentence imposed in the case under collateral attack herein, as well as previously imposed sentence. Counsel for respondent is agreeable to an order extending petitioner's time to file his opposing brief by thirty days, and also seeks thirty days thereafter to file respondent's reply brief. Therefore, the parties hereby stipulate that this Court shall enter an order extending the time for petitioner to file his brief to March 10, 2008, and for respondent to file a reply brief to April 9, 2008. As provided in the Court's January 8, 2008 order, the motion shall be submitted for decision by this Court without a hearing unless the Court directs the parties otherwise.

IT IS SO STIPULATED:

ORDER

IT IS HEREBY ORDERED that the time for petitioner to respond to the Motion to Dismiss is extended to March 10, 2008. Respondent shall file an optional 8 reply brief by April 9, 2008. As provided in the Court's January 8, 2008 order, the 9 motion shall be submitted for decision by this Court without a hearing unless the Court directs the parties otherwise.

HON. SUSAN ILLSTON U.S. District Judge


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