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Henry v. Marshall

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 24, 2009

ROBERT HENRY, PETITIONER,
v.
CHARLES D. MARSHALL, RESPONDENT.

ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. An evidentiary hearing was held in this action on April 20, 21, and 23, 2009. At the conclusion of the evidentiary hearing on April 23, 2009, the court discussed a briefing schedule with the parties. Petitioner indicated that, assuming he has access to the law library and his legal materials, he could submit a brief within thirty days. Respondent requested ten to fourteen days to respond to petitioner's brief.

Accordingly, IT IS HEREBY ORDERED that:

1. Petitioner shall file a brief in this action on or before May 21, 2009;

2. Respondent shall file a responsive brief on or before June 4, 2009;

3. Petitioner shall file a response, if any, to respondent's brief on or before June 18, 2009; and

4. In light of those deadlines, between now and June 18, 2009, petitioner shall be given preferred legal user status and access to the law library at CSP-Sacramento, CSP-Corcoran, or any other institution at which he is housed.

20090424

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