IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 26, 2009
RICHARD ANTHONY BREWER, PETITIONER,
D. L. RUNNELS, WARDEN, ET AL., RESPONDENTS.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
On 2/19/09 (docket # 47), the Sacramento County Public Defender's Office, a third party in this habeas matter, filed a motion for reconsideration of the court's order, filed on 2/09/09 (docket # 46), directing that office to provide petitioner its records pertaining to its 2001 investigation of petitioner's trial attorney, Karol Martin Repkow. The court set Sacramento County's motion for hearing on 3/05/09. Subsequently on 2/25/09 (#49), petitioner's counsel sought a continuance based on a scheduling conflict, but stated that he would be available on any other date in March. Also on 2/25/09, respondent filed a motion to join the third party motion for reconsideration of the court's order at docket # 46, but sought to vacate the hearing and asked that the court revisit previously submitted briefing in opposition to petitioner's discovery motion.
IT IS HEREBY ORDERED that:
1. Petitioner's motion for a continuance of the hearing set for 3/05/09, filed on 2/25/09 (docket #49), is granted, and the hearing will be re-set on an alternative date in March, 2009, on this court's law and motion calendar by petitioner and respondent in coordination with the Sacramento County Public Defender third party and this court's courtroom clerk, Valerie Callen at (916) 930-4199; and,
2. If all parties desire that the matter simply be submitted, they shall file a stipulation to that effect; and
3. To the extent that respondent's motion, filed on 2/25/09 (docket # 50), is a motion to join the third-party Sacramento County Public Defender's motion for reconsideration of the court's order, filed on 2/09/09 (docket # 46), it is granted, but in any other respect, it is denied at this time.
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