IN THE UNITED STATES DISTRICT COURT IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA
March 2, 2011
STEVEN DIAZ, PETITIONER,
DERRAL G. ADAMS, RESPONDENT.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
KAMALA D. HARRIS, State Bar No. 146672 Attorney General of California MICHAEL A. CANZONERI, State Bar No. 131649 Supervising Deputy Attorney General BARTON BOWERS, State Bar No. 195383 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 324-7875 Fax: (916) 322-2368 E-mail: Barton.Bowers@doj.ca.gov Attorneys for Respondent
STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER
Petitioner, through his undersigned counsel, and Respondent, through his undersigned counsel, agree and stipulate that the status conference hearing currently scheduled for Thursday, March 3, 2011, should be vacated and continued until Thursday, April 21, 2011, at 10:00 a.m.
The parties agree that continuance of the status hearing is appropriate for the following reasons: On February 28, 2011, the Ninth Circuit Court of Appeals recalled the mandate that it had previously issued. Respondent anticipates filing a Petition for Writ of Certiorari in the United States Supreme Court. That pleading is due no later than April 12, 2011. After that date, the Supreme Court will have jurisdiction in this matter. Consequently, no appearance by the parties appears necessary until mid-April 2011.
Accordingly, the parties agree and stipulate that the status conference be continued until 10:00 a.m. on Thursday, April 21, 2011.
IT IS SO STIPULATED:
Good cause appearing, IT IS HEREBY ORDERED that the status conference in the above entitled case is continued to April 21, 2011, at 10:00 AM.
IT IS SO ORDERED.
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