Maggio v. Dickinson
Filing
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ORDER signed by Magistrate Judge Timothy J. Bommer on 6/9/11 GRANTING Respondent's request for an extension of time re: 21 Response to Order to Show Cause; Response due by 6/28/2011. (Meuleman, A)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SALVATORE CARMELO MAGGIO,
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Petitioner,
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2: 09 - cv - 1606 - LKK TJB
vs.
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KATHLEEN DICKINSON,
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Respondent.
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ORDER
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Petitioner is a state prisoner proceeding through counsel with a petition for writ of habeas
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corpus pursuant to 28 U.S.C. § 2254. In one of his claims Petitioner argues that he was unable to
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testify on his own behalf at trial due to his mental condition, thereby violating his Constitutional
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rights. Respondent answered the petition on January 21, 2010 and lodged several documents
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including the Clerk’s Transcript. The California Court of Appeal’s decision and the petition both
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cite to the reports of Dr. Warburton and Dr. Hoffman regarding Petitioner’s competency to stand
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trial. However, these two reports were omitted from Respondent’s lodged documents. (See
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Clerk’s Tr. at p. 57-74.)
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Respondent was ordered to file these two reports. On June 7, 2011, Respondent
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requested an extension of time until June 28, 2011 to comply with the court ordered production
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of these documents. Based upon the representations made, and only for this request, it is
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determined that good cause has been shown and the request will be granted.
Accordingly, IT IS HEREBY ORDERED that Respondent’s request for an extension of
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time until June 28, 2011 to file the reports of Dr. Warburton and Dr. Hoffman is GRANTED.
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DATED: June 9, 2011
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TIMOTHY J BOMMER
UNITED STATES MAGISTRATE JUDGE
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