McCARNES

McCARNES v. Dexter

Good Law
549 F. Supp. 2d 1204·2008 WL 1911175·2008 U.S. Dist. LEXIS 84181
United States District Court, Central District of CaliforniaApril 22, 2008EDCV 05-1047-SGL(RC)California1,352 words

Opinion

Opinion

Larson, J.

ORDER GRANTING RESPONDENT’S ALTERNATIVE MOTION TO REOPEN THE TIME TO APPEAL

On January 31, 2008, Judgment was entered granting petitioner Charles McCarnes’s habeas corpus petition and ordering the parole date set by the Board of Prison Terms to be reinstated. See McCarns v. Dexter, 534 F.Supp.2d 1138 (C.D.Cal.2008). That same day, the Clerk of Court sent electronic notice of the entry of Judgment to the attorneys of record for the parties: Roger S. Hanson, on behalf of petitioner, and J. Conrad Schroeder, Deputy Attorney General, on behalf of respondent. Subsequently, on March 20, 2008, respondent filed a notice of change of designation of counsel, stating: “Mr. J. Conrad Schroeder is no longer counsel for this Respondent. Instead, Deputy Attorney General Charles Chung is now the attorney of record for Respondent Debra Dexter, Warden, in this action.”

On March 26, 2008, respondent filed a notice of motion and motion for relief from Judgment or, in the alternative, for additional time to file an appeal or to reopen the time to appeal, with a supporting memorandum of points and authorities and the supporting declaration of Charles Chung. On March 27, 2008, petitioner filed an…

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