IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 17, 2009
KENNETH LEE MARTINEZ, PETITIONER,
ROSEANNE CAMPBELL, WARDEN, RESPONDENT.
The opinion of the court was delivered by: Arthur L. Alarcón United States Circuit Judge
On February 11, 2009, Petitioner Kenneth Lee Martinez ("Petitioner") filed a motion for reconsideration (Doc. No. 89). Petitioner's motion asked the court to reconsider his January 30, 2009 motion to file a supplemental brief regarding the California Supreme Court's December 10, 2008 order in Case Number S167946 (Doc. No. 87); this court denied this motion on February 3, 2009 (Doc. No. 88).
On December 12, 2008 this court ordered: "Petitioner and Respondent have up to and until December 30, 2008 to file a supplemental response addressing the effect of the California Supreme Court's December 10, 2008 order in Case Number S167946, if any. This supplemental response shall not exceed seven (7) pages." (Doc. No. 82.)
Petitioner failed to file any supplemental briefing. Instead, Petitioner filed a motion for extension of time to file a "Traverse and Reply" (Doc. No. 83).*fn1
Accordingly, Petitioner failed to file the supplemental brief in the time permitted by order of this court. Further, as the court explained in its previous order, it will fully consider what, if any, effect the California Supreme Court's December 10, 2008 order has on this matter.
Petitioner's motion for reconsideration (Doc. No. 89) is DENIED.