Kessler v. Hornbeak

Filing 45

ORDER DIRECTING RESPONDENT to File a Supplemental Brief Addressing Legal Issues Omitted From the Answer, signed by Magistrate Judge Barbara A. McAuliffe on 7/13/2012. 30-day deadline. (Jessen, A)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KELLY ALICE KESSLER,

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Petitioner,
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v.
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TINA HORNBEAK, Warden, et al.,)
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Respondents.
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1:10-cv—0322-LJO-BAM-HC
ORDER DIRECTING RESPONDENT TO
FILE NO LATER THAN THIRTY (30)
DAYS AFTER THE DATE OF SERVICE OF
THIS ORDER A SUPPLEMENTAL BRIEF
ADDRESSING LEGAL ISSUES OMITTED
FROM THE ANSWER
ORDER PERMITTING PETITIONER TO
FILE A REPLY TO THE SUPPLEMENTAL
BRIEF OF RESPONDENT NO LATER THAN
TWENTY (20) DAYS AFTER THE DATE
OF SERVICE OF RESPONDENT’S
SUPPLEMENTAL BRIEF

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Petitioner is a state prisoner proceeding with counsel with
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a petition for writ of habeas corpus pursuant to 28 U.S.C.
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§ 2254.

The matter has been referred to the Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 through
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304.

Pending before the Court is the first amended petition

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(FAP) and related motion proceedings.
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The FAP was filed on January 18, 2011.

Respondent filed an

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answer on February 9, 2011.

Petitioner filed a traverse on March

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31, 2011.

A review of these documents reveals that in the

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answer, Respondent failed to respond to numerous legal arguments
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of the Petitioner that were affirmatively set forth in the FAP
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concerning the validity of the AEDPA and the applicability of the
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AEDPA to this proceeding and to specified decisions of the

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California courts.

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briefing on the following issues that are set forth in the FAP

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(referred to by the argument headings as they appear in the table

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of contents of the FAP):

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and D concerning the validity or applicability of the AEDPA;

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claim I(D) concerning the applicability of the AEDPA; claim II(B)

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concerning the applicability of the AEDPA; claim III(D)

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concerning the applicability of the AEDPA; and claim IV(B)(3)

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Specifically, Respondent failed to submit

Introductory allegations, points B, C,

concerning the applicability of the AEDPA and § 2254.

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Respondent is DIRECTED to file a formal supplemental brief

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fully addressing each of these issues no later than thirty (30)

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days after the date of service of this order.

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Petitioner may FILE a responsive supplemental brief no later

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than twenty (20) days after the date of service of Respondent’s

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supplemental brief.

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IT IS SO ORDERED.

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Dated:
10c20k

July 13, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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