Rowan Brooks v. James Yates

Filing 47

ORDER Directing Parties to File Briefs and Setting Briefing Schedule signed by Magistrate Judge Jennifer L. Thurston on 05/12/2016. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROWAN BROOKS,
Petitioner,

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v.

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JAMES YATES,
Respondent.

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Case No.: 1:11-cv-01315-LJO-JLT
ORDER DIRECTING PARTIES TO FILE BRIEFS
AND SETTING BRIEFING SCHEDULE
30-DAY DEADLINE

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On March 28, 2016, the Ninth Circuit issued its decision, affirming in part and reversing in

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part the dismissal of the petition. (Doc. 43). In that decision, the Ninth Circuit noted that the “district

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court did not make findings with respect to whether Brooks was reasonably diligent.” (Id.). On

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remand, the Ninth Circuit directed this Court to make a determination whether Petitioner’s counsel

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acted diligently in pursuing relief from the Court’s judgment dismissing the petition. (Id.).

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In light of the remand directions, the Court will require the parties to file briefs on the issue of

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whether Petitioner’s counsel, Gregory Mitts, acted diligently in response to the Court’s order

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dismissing the petition. The parties shall file briefs on this issue within thirty days of the issuance of

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this order. Thereafter, the parties may file reply briefs within fifteen days. Accordingly, the Court

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ORDERS:

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1. Within 30 days, the parties SHALL file briefs addressing the issue of whether Petitioner’s
counsel, Gregory Mitts, acted diligently in pursuing relief from the Court’s order of

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dismissal within thirty days of service of this order;

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2. The parties may file reply briefs within 15 days of filing the opening briefs;

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3. The Court invites Mr. Mitts to file an informal brief or declaration on the topic1;

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4. The Clerk of the Court is DIRECTED to serve a copy of this order to Mr. Mitts at his

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address formally listed on the Court’s docket.

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IT IS SO ORDERED.

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Dated:

May 12, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Counsel SHALL provide their opening and reply briefs to Mr. Mitts via e-mail at the same time they are filed.

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