The opinion of the court was delivered by: Honorable Gregory G. Hollows United States Magistrate District Judge
DANIEL J. BRODERICK, #89424 Federal Defender DAVID M. PORTER, Bar #127024 Counsel Designated for Service Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Defendant CESAR VALDEZ-SANTOS
STIPULATION CONCERNING STATUTE OF LIMITATIONS; [lodged] ORDER
Defendant, CESAR VALDEZ-SANTOS, by and through his attorney, Assistant Federal Defender David M. Porter, and plaintiff, UNITED STATES OF AMERICA, by and through its counsel, First Assistant U.S. Attorney Carolyn K. Delaney, hereby stipulate as follows:
1. In light of the affidavits attached to the Petitioner's Response to Government's Motion to Dismiss (Doc. #624), the parties agree that the circumstances set forth therein might constitute "extraordinary circumstances" that would equitably toll the statute of limitations for the few days the motion was late, and therefore in the interests of justice and to obtain a speedy and efficient resolution of the litigation, the Government hereby waives any defense it has based on 28 U.S.C. § 2255(f); and,
2. The evidentiary hearing set for September 19, 2011, be vacated and that the Court enter the order lodged herewith directing the Government to file its Answer on or before sixty days from the entry of the order.
Pursuant to the stipulation of the parties, and good cause appearing therefor, the evidentiary hearing set for September 19, 2011, is VACATED. The Government shall file its Answer to the Section 2255 motion on or before sixty (60) days from the entry of this order. Petitioner may file a Reply to the Answer on or before thirty (30) days from service of the Answer.
The appointment of the Federal Defender pursuant to this Court's order of June 7, 2011 (Doc. #626) is hereby terminated. The Clerk of the Court shall ensure that the docket reflects that Petitioner is now proceeding pro se.
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