(HC) Dye v. Barnes, No. 2:2012cv02201 - Document 91 (E.D. Cal. 2015)
Court Description: STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 9/14/2015 and agreed between the parties to EXTEND the time to file objections to the findings and recommendations up to and including 11/8/2015.(Yin, K)
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(HC) Dye v. Barnes 1 2 3 4 Doc. 91 BARRY MORRIS, SBN #48368 Attorney at Law 1220 Oakland Blvd. #200 Walnut Creek, CA 94596 (925) 934-1100 fax: (925) 934-1122 barrymorris@mac.com 5 6 Attorney for Petitioner WILLIAM R. DYE 7 UNITED STATES DISTRICT COURT 8 9 10 EASTERN DISTRICT OF CALIFORNIA 11 12 WILLIAM R. DYE, 13 14 15 No. 2:12-cv-02201 TLN-EFB Petitioner, v. FRED FOULK, Warden, 16 Respondent./ 17 Stipulation and Order 18 19 IT IS HEREBY STIPULATED between BARRY MORRIS, attorney for 20 petitioner, WILLIAN R. DYE, and DAVID EDLRIDGEE, attorney for respondent 21 FRED FOULK, that time to file objections to the Magistrate’s Findings and 22 Recommendations be extended sixty days up to and including November 8, 2015. 23 24 25 26 27 This stipulation is based upon the attached declaration of BARRY MORRIS. Dated: September 10, 2015 /s/ Barry Morris Attorney for Petitioner WILLIAM R. DYE 28 1 Dockets.Justia.com 1 /s/David Eldridge Attorney for Respondent DAVID ELDRIDGE 2 3 4 Declaration of Barry Morris 5 I, BARRY MORRIS, do hereby declare under penalty of perjury that the 6 7 following is true and correct: 8 9 10 1. I am an attorney licensed to practice law in all the courts of the State of California, the United States District Court for the Northern, Central, and Eastern Districts of California, the United States Court of Appeals for the Ninth 11 12 13 Circuit, and the United States Supreme Court. I represent the petitioner in the above-entitled action; 2. 14 15 16 I am making this request because, in the vernacular, I am slammed with work. I have four briefs to finish in the next two weeks: [1] a reply brief in United States v. Hunt, 13-10583, a complicated case with seven issues where 17 18 the opening brief was 70 pages, [2] the opening brief in United States v. 19 Head, No. 14-10438, a complicated mortgage fraud case with a record 20 exceeding 1,700 pages, [3] an amended habeas petition in Ayala v. Lewis, 21 C 11-05708-YGR, a homicide case, and [4] a response to a motion for 22 23 24 25 26 27 summary judgment in Dewey v. Monterey County, No. M114120, a §1983 case. 3. On September 25th, I am leaving for a two week, pre-paid vacation with my son in China. Hence the reason for this request. 4. I have spoken to counsel for respondent and he has no objection to 28 this request. 2 1 2 3 Dated: September 10, 2015 4 /s/Barry Morris Attorney for Petitioner WILLIAM R. DYE 5 6 7 Order 8 9 10 GOOD CAUSE APPEARING THEREFOR, it is hereby ordered that the time to file objections to the Findings and Recommendations of the Magistrate Judge 11 is hereby extended up to and including November 8, 2015. 12 Dated: September 14, 2015. 13 14 _______________________________________ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
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