Ernest DeWayne Jones v. Robert K. Wong

Filing 43

ORDER by Judge Cormac J. Carney: denying 32 Motion for More Definite Statement and Directing the Filing of Stipulation and Phase III Budget: Petitioner has thirty days from the date of this order to file a Traverse should he elect to file one. The parties also shall file within thirty (30) days of this order a stipulation setting forth a proposed briefing schedule for Petitioner's motion for an evidentiary hearing. The proposed briefing schedule should accommodate any discovery the parties intend to conduct prior to the filing of Petitioner's evidentiary motion. Finally, Petitioner shall file under seal within thirty (30) days of this order his Proposed Phase III Plan and Budget. IT IS SO ORDERED. (rla)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ERNEST DEWAYNE JONES,

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Petitioner,

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v.
VINCE CULLEN, Acting Warden
of California State Prison
at San Quintin,

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Respondent.

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CASE NO. CV 09-02158 CJC
DEATH PENALTY CASE
ORDER DENYING MOTION
FOR MORE DEFINITE
STATEMENT AND DIRECTING
THE FILING OF STIPULATION AND
PHASE III BUDGET

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Petitioner’s motion for a more definite statement is DENIED.

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Respondent’s Answer meets the requirements of Rule 5(b) of the Rules

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Governing Section 2254 Cases, and no relief is necessary pursuant to

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Federal Rule of Civil Procedure 12(e).

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pages long, providing a description of the proceedings below and

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affirmative defenses, as well as a response to each of Petitioner’s

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30 claims, including each claim’s procedural history and a denial of

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the claims or denial of knowledge to admit or deny the allegations.

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Respondent’s Answer is not so vague and ambiguous that Petitioner

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cannot uncover the disputed issues and respond.

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///

Respondent’s Answer is 74

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Petitioner has thirty (30) days from the date of this order to

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file a Traverse should he elect to file one.

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file within thirty (30) days of this order a stipulation setting forth

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a

proposed

briefing

schedule

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evidentiary

hearing.

The

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accommodate any discovery the parties intend to conduct prior to the

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filing of Petitioner’s evidentiary motion. Finally, Petitioner shall

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file under seal within thirty (30) days of this order his Proposed

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Phase III Plan and Budget.

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Petitioner’s

proposed

briefing

motion
schedule

IT IS SO ORDERED.

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for

The parties also shall

Dated: June 8, 2010

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CORMAC J.CARNEY
United States District Judge

for

an

should