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(DP) Tobin v. Davis ( 2021 )


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  • 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 CHRISTOPHER ALLAN TOBIN, Case No. 1:18-cv-01375-NONE-SAB 11 Petitioner, DEATH PENALTY CASE 12 v. ORDER GRANTING PETITIONER’S UNOPPOSED MOTION FOR EXTENSION 13 RONALD DAVIS, Warden of San Quentin OF TIME TO FILE MOTION FOR STAY State Prison, AND ABEYANCE 14 Respondent.1 (ECF No. 43) 15 16 17 18 19 Before the Court is a motion brought by Petitioner, through counsel, Assistant Federal 20 Defenders Samuel Sweeney and Karl Saddlemire, to extend the deadline for filing his motion for 21 stay and abeyance pursuant to Rhines v. Webber, 544 U.S. 269 (2005) from June 26, 2021 to 22 August 27, 2021. This extension of time is necessary due to Mr. Sweeney’s responsibilities in 23 other matters, Mr. Saddlemire’s recent substitution- in as appointed co-counsel and consequent 24 need to familiarize himself with the proceeding, and the California Supreme Court’s anticipated 25 July 2021 decision in In Re Friend, S256914 providing guidance on the nature and scope of 26 claims that remain suitable for a successive California habeas petition. 27 1 Ron Broomfield, Acting Warden of San Quentin State Prison, is substituted for Ronald Davis, former Warden of 28 San Quentin State Prison, pursuant to Federal Rules of Civil Procedure 25(d). 1 Mr. Sweeney represents that counsel for Respondent, Deputy Attorney General Galen 2 | Farris, does not object to the requested extension. 3 The court finds good cause to grant the instant motion. 4 Accordingly, Petitioner’s unopposed motion to extend the deadline for filing his motion 5 | for stay and abeyance pursuant to Rhines (ECF No. 43) is granted to and including August 27, 6 | 2021. 7 g IT IS SO ORDERED. 2 ee g | Dated: _June 16, 2021 _ 0 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Document Info

Docket Number: 1:18-cv-01375

Filed Date: 6/17/2021

Precedential Status: Precedential

Modified Date: 6/19/2024