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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ERNEST DEWAYNE JONES, 12 Petitioner, 13 14 15 v. VINCE CULLEN, Acting Warden of California State Prison at San Quintin, 16 Respondent. 17 ) ) ) ) ) ) ) ) ) ) ) ) ) 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 18 Petitioner’s motion for a more definite statement is DENIED. 19 Respondent’s Answer meets the requirements of Rule 5(b) of the Rules 20 Governing Section 2254 Cases, and no relief is necessary pursuant to 21 Federal Rule of Civil Procedure 12(e). 22 pages long, providing a description of the proceedings below and 23 affirmative defenses, as well as a response to each of Petitioner’s 24 30 claims, including each claim’s procedural history and a denial of 25 the claims or denial of knowledge to admit or deny the allegations. 26 Respondent’s Answer is not so vague and ambiguous that Petitioner 27 cannot uncover the disputed issues and respond. 28 /// Respondent’s Answer is 74 1 Petitioner has thirty (30) days from the date of this order to 2 file a Traverse should he elect to file one. 3 file within thirty (30) days of this order a stipulation setting forth 4 a proposed briefing schedule 5 evidentiary hearing. The 6 accommodate any discovery the parties intend to conduct prior to the 7 filing of Petitioner’s evidentiary motion. Finally, Petitioner shall 8 file under seal within thirty (30) days of this order his Proposed 9 Phase III Plan and Budget. 10 Petitioner’s proposed briefing motion schedule IT IS SO ORDERED. 11 for The parties also shall Dated: June 8, 2010 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CORMAC J.CARNEY United States District Judge for an should

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