Williams v. Knowles

Filing 96

ORDER REQUIRING the Parties to File a Supplemental Brief; 10-Day Deadline signed by Magistrate Judge Jennifer L. Thurston on 2/19/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TOMMY RAY WILLIAMS,

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Petitioner,
v.
MIKE KNOWLES, Warden,

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Respondent.

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Case No.: 1:03-cv-05819-JLT
ORDER REQUIRING THE PARTIES TO FILE A
SUPPLEMENTAL BRIEF
10-DAY DEADLINE

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This matter is before the Court after it was remanded by the Ninth Circuit Court of Appeal “for

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a determination of whether [Petitioner’s] actual innocence claim meets the standard set forth in

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McQuiggin so that he is entitled to an exception to the expiration of the AEDPA statute of

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limitations.” (Doc. 89, pp. 2-3).

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Within 10 days, the parties are ORDERED to file a brief, not to exceed five pages, indicating

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whether an evidentiary hearing is appropriate related to the issue of whether the hospital’s in placing

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the feeding tube into the victim constituted gross negligence. If either party requests such a hearing,

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he SHALL set forth what the evidence he intends to present will show and the earliest possible

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timeframe he would be ready for that hearing.

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IT IS SO ORDERED.
Dated:

February 19, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE