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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 10 11 12 13 KELLY ALICE KESSLER, ) ) Petitioner, ) ) ) v. ) ) TINA HORNBEAK, Warden, et al.,) ) Respondents. ) ) ) 14 15 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 16 Petitioner is a state prisoner proceeding with counsel with 17 a petition for writ of habeas corpus pursuant to 28 U.S.C. 18 § 2254. The matter has been referred to the Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 through 20 304. Pending before the Court is the first amended petition 21 (FAP) and related motion proceedings. 22 The FAP was filed on January 18, 2011. Respondent filed an 23 answer on February 9, 2011. Petitioner filed a traverse on March 24 31, 2011. A review of these documents reveals that in the 25 answer, Respondent failed to respond to numerous legal arguments 26 of the Petitioner that were affirmatively set forth in the FAP 27 concerning the validity of the AEDPA and the applicability of the 28 1 1 AEDPA to this proceeding and to specified decisions of the 2 California courts. 3 briefing on the following issues that are set forth in the FAP 4 (referred to by the argument headings as they appear in the table 5 of contents of the FAP): 6 and D concerning the validity or applicability of the AEDPA; 7 claim I(D) concerning the applicability of the AEDPA; claim II(B) 8 concerning the applicability of the AEDPA; claim III(D) 9 concerning the applicability of the AEDPA; and claim IV(B)(3) 10 Specifically, Respondent failed to submit Introductory allegations, points B, C, concerning the applicability of the AEDPA and § 2254. 11 Respondent is DIRECTED to file a formal supplemental brief 12 fully addressing each of these issues no later than thirty (30) 13 days after the date of service of this order. 14 Petitioner may FILE a responsive supplemental brief no later 15 than twenty (20) days after the date of service of Respondent’s 16 supplemental brief. 17 IT IS SO ORDERED. 18 Dated: 10c20k July 13, 2012 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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