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Grayson v. Carey

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


January 15, 2010

ALFRED LEE GRAYSON, PETITIONER,
v.
TOM L. CAREY, WARDEN, RESPONDENT.

STIPULATION AND ORDER FOR MODIFICATION OF BRIEFING SCHEDULE

This matter is in the District Court after remand from the Ninth Circuit. Pursuant to the remand order, the court is to consider the issue of procedural default, and if there is no procedural default, is to evaluate the confrontation clause claim pursuant to Ohio v. Roberts, 448 U.S. 56 (1980).

The parties have previously stipulated to a briefing schedule. Petitioner's counsel has continued to work diligently to complete the briefing in this case, and has made substantial progress toward completion of the work. However, due to the complexity of the issues, and counsel's obligations toward completion of the opening brief in People v. In re Brian R. (5th Dist. No. F57971), and preparation for a preliminary hearing in People v. Ayob (Stanislaus County), counsel for petitioner needs an additional extension of time. In light thereof, the parties have stipulated to the modification of the briefing schedule. To afford counsel additional time needed to research and brief this matter, the parties hereby stipulate and agree that the court adopt the following briefing schedule: petitioner's points and authorities will be due February 4, 2010, respondent's points and authorities will be due March 4, 2010, and petitioner's reply will be due on April 4, 2010.

DATED: January 13, 2010

ORDER

GOOD CAUSE APPEARING, and pursuant to the stipulation of the parties, it is hereby ordered that petitioner's points and authorities will be due February 4, 2010, respondent's points and authorities will be due March 4, 2010, and petitioner's reply will be due on April 4, 2010. No further extensions will be granted.

20100115

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