Beames v. Cullen
Filing
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AMENDED SCHEDULING ORDER Regarding Briefing of Exhaustion Issues signed by Chief Judge Anthony W. Ishii on 10/11/2011. (Sant Agata, S)
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DANIEL J. BRODERICK, Bar #89424
Federal Defender
ALLISON CLAIRE, Bar #170138
Assistant Federal Public Defender
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: (916) 498-6666
Email: allison_claire@fd.org
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TIMOTHY JOSEPH BROSNAN, Bar #75938
1116 Guerrero Street
San Francisco , CA 94110
(415) 285-5417
Email: brosnant@pacbell.net
Attorneys for Petitioner,
JOHN MICHAEL BEAMES
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOHN MICHAEL BEAMES,
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Petitioner,
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vs.
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WARDEN of the California State Prison
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at San Quentin,
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Respondent.
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No. 1:10-CV-1429 AWI
DEATH PENALTY CASE
AMENDED SCHEDULING ORDER
REGARDING BRIEFING OF EXHAUSTION
ISSUES
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The scheduling order filed October 4, 2011 (Document 41) is hereby amended as follows:
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1. The parties shall brief the exhaustion status of Claim 11 as previously ordered –
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Respondent shall file his opening brief on or before October 31, 2011; Petitioner shall file his
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responsive brief on or before November 14, 2011; and Respondent shall file a reply brief on or
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before November 21, 2011;
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2. Within 30 days of the submission of the Claim 11 exhaustion briefs, the parties shall
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meet and confer and shall submit a joint statement setting forth the positions of the parties
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regarding the exhaustion status of all other claims. If the parties disagree about the exhaustion
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status of any claims, the joint statement shall include a proposed schedule for briefing of the
Amended Scheduling Order
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Beames v. Warden, No. 1:10-CV-1429-AW I
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dispute;
3. Petitioner shall file an Opening Brief on the merits of Claim 11, including points and
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authorities in support of the Claim and discussion of 28 U.S.C. § 2254(d), ninety (90) days after
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the Court’s ruling on the exhaustion status of all claims;
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Respondent shall file his Answering Brief on the merits of Claim 11, including points and
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authorities in support of the Answer and discussion of 28 U.S.C. § 2254(d), sixty (60) days
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thereafter; and
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Petitioner shall file a Reply thirty (30) days thereafter;
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4. A status conference shall be scheduled upon conclusion of the briefing ordered above,
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to discuss further proceedings regarding Claim 11.
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IT IS SO ORDERED.
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DATED:
October 11, 2011
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/s/ Anthony W. Ishii
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Chief United States District Judge
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Amended Scheduling Order
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Beames v. Warden, No. 1:10-CV-1429-AW I
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