(HC) Sullivan v. Pliler, et al, No. 2:2002cv01148 - Document 50 (E.D. Cal. 2009)
Court Description: ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/09/09 ordering respondent is directed to file his response to the motion to vacate findings and recommendations within 30 days of the date of this order; petitioner's reply, if any, is d ue within 15 days of the date the response is filed. Petitioner's request for an extension of time in which to file objection 46 is granted; if objections are necessary, they are due within 20 days of the resolution of the motion to vacate the findings and recommendations.(Plummer, M)
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(HC) Sullivan v. Pliler, et al Doc. 50 1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 DWAYNE ANTHONY SULLIVAN, Petitioner, 12 13 14 vs. SCOTT M. KERNAN, Acting Warden, Respondents. 15 ORDER / 16 17 18 No. CIV S-02-1148 MCE KJM P Petitioner is a state prison inmate proceeding with counsel in a habeas action challenging his robbery conviction and the resulting three strikes sentence. The original petition was filed by petitioner acting in pro per on May 28, 2002. 19 20 The court appointed the Federal Defender’s Office to represent petitioner and then granted 21 counsel’s request for a stay to permit the exhaustion of additional claims. An amended petition 22 filed after the stay was lifted contained three claims; the original petition is comprised of at least 23 seven claims. Shortly after the amended petition was filed, new counsel was substituted for 24 petitioner. 25 26 On September 16, 2009, this court issued findings and recommendations which addressed the three claims in the amended petition. Counsel for petitioner has now filed a 1 Dockets.Justia.com 1 motion to vacate the findings and recommendations or, in the alternative, for an extension of 2 time in which to file objections. He argues that petitioner did not authorize counsel to omit his 3 original claims from the new petition. 4 IT IS HEREBY ORDERED that: 5 1. Respondent is directed to file his response to the motion to vacate the findings 6 and recommendations within thirty days of the date of this order; petitioner’s reply, if any, is due 7 within fifteen days of the date the response is filed; and 8 9 2. Petitioner’s request for an extension of time in which to file objections (docket no. 46) is granted; if objections are necessary, they are due within twenty days of the resolution 10 of the motion to vacate the findings and recommendations. 11 DATED: November 9, 2009. 12 13 14 2 sull1148.ord 15 16 17 18 19 20 21 22 23 24 25 26 2
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