IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
October 15, 2012
UNITED STATES OF AMERICA, PLAINTIFF,
JOSE ESQUIVEL-MENDEZ, DEFENDANT.
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
STIPULATION REGARDING CONTINUANCE; [PROPOSED] FINDINGS AND ORDER
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows:
1. On May 10, 2012, Defendant filed a Section 2255 motion to vacate, set aside, or correct his conviction.
2. On May 18, 2012, Kathleen Page was appointed to represent Defendant.
3. On June 17, 2012, Defendant moved to continue the filing of his Section 2255 motion and the motion was granted.
4. On August 10, 2012, Defendant moved for a second continuance to file his motion and the motion was granted. At that time, the Court ordered the government to file its response five weeks after the service of Defendant's motion but no later than October 22.
5. The government requests 45 additional days to file its response on or before December 6.
6. The continuance is required to accommodate the work load of counsel for the United States, which includes travel to the Ninth Circuit for oral argument on October 15 in the matter of United States v. Eustorgio Flores, CA No. 10-10398.
7. Counsel for Defendant does not oppose the continuance.
IT IS SO STIPULATED.
DATED: October 12, 2012. Respectfully submitted, BENJAMIN B. WAGNER United States Attorney /s/ Karen A. Escobar___________________ KAREN A. ESCOBAR Assistant United States Attorney DATED: October 12, 2012. /s/ Kathleen Page _____________ KATHLEEN PAGE Counsel for Defendant
IT IS SO ORDERED.
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