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N.D. Cal.Procedural orderFiled Aug. 7, 2024

Garcia-Lopez v. Arias

Judge
William Orrick
Docket
3:24-cv-02253
Court
U.S. District Court · Northern District of California
Pages
1
HabeasCivil Procedure
In one sentence

In Garcia-Lopez v. Arias, Judge Orrick granted the respondent more time and ordered the docket corrected to list him as sole respondent.

Who this affects

Joel Garcia-Lopez, Roberto A. Arias, and the court clerk handling the docket.

What happened

Garcia-Lopez v. Arias is a federal court order in which the respondent asked for more time to file an answer or a motion that could resolve the case.

The court set October 4, 2024, as the deadline for that filing. It also set deadlines for Garcia-Lopez to respond, depending on whether Arias files an answer or a motion.

Judge Orrick granted the request, directed the clerk to list Roberto A. Arias as the only respondent, and directed the clerk to terminate all pending motions.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Garcia-Lopez v. Arias · No. 3:24-cv-02253
Judge
William Orrick
Date
Aug. 7, 2024

Order

The court granted Roberto A. Arias’s motion to extend the time to file either an answer or a dispositive motion. A dispositive motion is a motion seeking a ruling that could resolve the case. The filing must be made by October 4, 2024.

If Arias files an answer, Garcia-Lopez must file a traverse—a response to the answer—within 30 days after the answer is filed. If Arias files a dispositive motion, Garcia-Lopez must file an opposition within 30 days after the motion, and Arias must file a reply within 15 days after the opposition.

Respondent and Docket Instructions

The court directed the clerk to amend the docket so that Roberto A. Arias is listed as the sole respondent. The opinion identifies Arias as the warden of the prison where Garcia-Lopez is housed and says he is the custodian with day-to-day control over Garcia-Lopez and the person able to produce him. The court also directed the clerk to terminate all pending motions.

Judge Liam H. Orrick entered the order on August 7, 2024. The order did not decide the underlying legal issues in the case.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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