Avila v. Martel

Filing 35

STIPULATION and ORDER for Extension of Time to File Exhaustion Pleadings and Order, signed by Senior Judge Anthony W. Ishii on 11/15/12. (Verduzco, M)

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DANIEL J. BRODERICK, State Bar No. 89424
Federal Defender
HARRY W. SIMON, State Bar No. 133112
Assistant Federal Defenders
801 I Street, 3rd Floor
Sacramento, California 95814
[phone]; FAX [phone]
SAOR E. STETLER, State Bar No. 194978
Attorney at Law
PO Box 2189
Mill Valley, CA 94942
[phone]
Attorneys for Petitioner
JOHNNY AVILA, Jr.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHNNY AVILA, Jr.,

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Petitioner,
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vs.
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KEVIN CHAPPELL, Warden of the
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California State Prison at San Quentin,
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Respondent.
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_____________________________________ )

CASE NO. 1:11-cv-01196-AWI-P
DEATH PENALTY CASE
STIPULATION AND ORDER FOR
EXTENSION OF TIME TO FILE
EXHAUSTION PLEADINGS AND ORDER

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On September 7, 2012, this Court issued its Order Granting Petitioner’s Motion for Stay and

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Abeyance. (Dkt. 30). As part of that order, the Court directed the parties to file a Joint Statement of

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Exhaustion and directed petitioner to file a brief on any claims Respondent contends are unexhausted

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within 45 days of the date of that order, or October 22, 2012. On October 18, 2012, the Court issued an

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order approving a stipulation of the parties extending the time for filing of these documents to November

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21, 2012. (Dkt. 33). Since that stipulation was approved, the parties have continued to meet and confer in

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an effort to clarify their agreements and disputes over which claims are and are not exhausted. In order to

STIP. AND ORDER FOR EOT RE: EXHAUSTION PLEADINGS

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Avila v. Warden, Case No. 1:11-cv-01196-AWI-P

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facilitate further discussion on these issues, the parties request that the time for filing of the Joint

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Stipulation of Exhaustion and petitioner’s brief be extended an additional 14 days, to December 5, 2012.

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Dated: November 14, 2012.

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Respectfully submitted,
Daniel J. Broderick
Federal Defender
Harry Simon
Assistant Federal Defender

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/s/Saor Stetler
Saor Stetler

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Attorneys for Petitioner Avila

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Kamala D. Harris
Attorney General of California
Stephanie Mitchell
Deputy Attorney General
Amanda D. Cary
Deputy Attorney General

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/s/Louis M. Vasquez
Louis M. Vasquez
Supervising Deputy Attorney General

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IT IS SO ORDERED

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DATED:

November 15, 2012

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/s/ Anthony W. Ishii
United States District Judge

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STIP. AND ORDER FOR EOT RE: EXHAUSTION PLEADINGS

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Avila v. Warden, Case No. 1:11-cv-01196-AWI-P