Kessler v. Hornbeak
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
KELLY ALICE KESSLER,
TINA HORNBEAK, Warden, et al.,)
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
Petitioner is a state prisoner proceeding with counsel with
a petition for writ of habeas corpus pursuant to 28 U.S.C.
The matter has been referred to the Magistrate Judge
pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 through
Pending before the Court is the first amended petition
(FAP) and related motion proceedings.
The FAP was filed on January 18, 2011.
Respondent filed an
answer on February 9, 2011.
Petitioner filed a traverse on March
A review of these documents reveals that in the
answer, Respondent failed to respond to numerous legal arguments
of the Petitioner that were affirmatively set forth in the FAP
concerning the validity of the AEDPA and the applicability of the
AEDPA to this proceeding and to specified decisions of the
briefing on the following issues that are set forth in the FAP
(referred to by the argument headings as they appear in the table
of contents of the FAP):
and D concerning the validity or applicability of the AEDPA;
claim I(D) concerning the applicability of the AEDPA; claim II(B)
concerning the applicability of the AEDPA; claim III(D)
concerning the applicability of the AEDPA; and claim IV(B)(3)
Specifically, Respondent failed to submit
Introductory allegations, points B, C,
concerning the applicability of the AEDPA and § 2254.
Respondent is DIRECTED to file a formal supplemental brief
fully addressing each of these issues no later than thirty (30)
days after the date of service of this order.
Petitioner may FILE a responsive supplemental brief no later
than twenty (20) days after the date of service of Respondent’s
IT IS SO ORDERED.
July 13, 2012
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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