Armenia Cudjo, Jr. v. Robert Ayers, Jr.

Filing 53

Filed clerk order (Deputy Clerk: MCD): By January 6, 2012, Respondent shall file a supplemental answering brief, not to exceed 11,200 words, addressing: (a) uncertified Claims V, VII, VIII, IX, and X in the opening brief, see AOB at 44-64, 70-122; and (b) the impact, if any, on this appeal of Cullen v. Pinholster, 131 S.Ct. 1388 (2011). The supplemental reply brief, not to exceed 5,600 words, is due January 20, 2012. The Court will decide whether to issue a certificate of appealability as to the uncertified issues after considering the additional briefing. Any motion to extend the time to file a supplemental brief is strongly disfavored. [7988642] (PA)

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FILED UNITED STATES COURT OF APPEALS DEC 05 2011 FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK ARMENIA LEVI CUDJO, Jr., Petitioner-Appellant, v. U .S. C O U R T OF APPE ALS No. 08-99028 D.C. No. 2:99-cv-08089-JFW Central District of California Los Angeles ROBERT L. AYERS, Warden, ORDER Respondent-Appellee. By January 6, 2012, Respondent shall file a supplemental answering brief, not to exceed 11,200 words, addressing: (a) uncertified Claims V, VII, VIII, IX, and X in the opening brief, see AOB at 44-64, 70-122; and (b) the impact, if any, on this appeal of Cullen v. Pinholster, 131 S.Ct. 1388 (2011). The supplemental reply brief, not to exceed 5,600 words, is due January 20, 2012. The Court will decide whether to issue a certificate of appealability as to the uncertified issues after considering the additional briefing. Any motion to extend the time to file a supplemental brief is strongly disfavored. BY THE DIRECTION OF THE COURT: Molly C. Dwyer Clerk of Court

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