Beames v. Cullen

Filing 43

AMENDED SCHEDULING ORDER Regarding Briefing of Exhaustion Issues signed by Chief Judge Anthony W. Ishii on 10/11/2011. (Sant Agata, S)

1
2
3
4

DANIEL J. BRODERICK, Bar #89424
Federal Defender
ALLISON CLAIRE, Bar #170138
Assistant Federal Public Defender
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: [phone]
Email: [e-mail]

5
6
7
8
9

TIMOTHY JOSEPH BROSNAN, Bar #75938
1116 Guerrero Street
San Francisco , CA 94110
[phone]
Email: [e-mail]
Attorneys for Petitioner,
JOHN MICHAEL BEAMES

10
11

IN THE UNITED STATES DISTRICT COURT

12

FOR THE EASTERN DISTRICT OF CALIFORNIA

13
JOHN MICHAEL BEAMES,
14
15
16
17
18

)
)
Petitioner,
)
)
vs.
)
)
WARDEN of the California State Prison
)
at San Quentin,
)
)
Respondent.
)
_____________________________________

No. 1:10-CV-1429 AWI
DEATH PENALTY CASE
AMENDED SCHEDULING ORDER
REGARDING BRIEFING OF EXHAUSTION
ISSUES

19
20

The scheduling order filed October 4, 2011 (Document 41) is hereby amended as follows:

21

1. The parties shall brief the exhaustion status of Claim 11 as previously ordered –

22

Respondent shall file his opening brief on or before October 31, 2011; Petitioner shall file his

23

responsive brief on or before November 14, 2011; and Respondent shall file a reply brief on or

24

before November 21, 2011;

25

2. Within 30 days of the submission of the Claim 11 exhaustion briefs, the parties shall

26

meet and confer and shall submit a joint statement setting forth the positions of the parties

27

regarding the exhaustion status of all other claims. If the parties disagree about the exhaustion

28

status of any claims, the joint statement shall include a proposed schedule for briefing of the

Amended Scheduling Order

1

Beames v. Warden, No. 1:10-CV-1429-AW I

1
2

dispute;
3. Petitioner shall file an Opening Brief on the merits of Claim 11, including points and

3

authorities in support of the Claim and discussion of 28 U.S.C. § 2254(d), ninety (90) days after

4

the Court’s ruling on the exhaustion status of all claims;

5

Respondent shall file his Answering Brief on the merits of Claim 11, including points and

6

authorities in support of the Answer and discussion of 28 U.S.C. § 2254(d), sixty (60) days

7

thereafter; and

8

Petitioner shall file a Reply thirty (30) days thereafter;

9

4. A status conference shall be scheduled upon conclusion of the briefing ordered above,

10

to discuss further proceedings regarding Claim 11.

11
12

IT IS SO ORDERED.

13
14

DATED:

October 11, 2011

15

/s/ Anthony W. Ishii

16

Chief United States District Judge

17
18
19
20
21
22
23
24
25
26
27
28

Amended Scheduling Order

2

Beames v. Warden, No. 1:10-CV-1429-AW I