Schuster v. Johnson

Filing 72

ORDER FOLLOWING REMAND FROM THE NINTH CIRCUIT COURT OF APPEALS AND SETTING BRIEFING SCHEDULE signed by Magistrate Judge Stanley A. Boone on 6/22/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARISSA SCHUSTER,

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Petitioner,

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Case No. 1:12-cv-01482-AWI-SAB-HC
ORDER FOLLOWING REMAND FROM
THE NINTH CIRCUIT COURT OF
APPEALS

v.

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DEBORAH K. JOHNSON,

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Respondent.

ORDER SETTING BRIEFING SCHEDULE

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Pursuant to the mandate of the United States Court of Appeals for the Ninth Circuit in the

18 case of Schuster v. Johnson, Case No. 16-15604, the judgment of the district court was reversed
19 and this case was remanded for further proceedings. (ECF Nos. 67, 70).
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Accordingly, pursuant to the Ninth Circuit’s mandate, the Court HEREBY ORDERS:

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1.

Within SIXTY (60) days of the date of service of this order, Respondent SHALL

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FILE an ANSWER addressing the merits of the Petition.. See Rule 4, Rules

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Governing Section 2254 Cases; Cluchette v. Rushen, 770 F.2d 1469, 1473-74 (9th

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Cir. 1985) (court has discretion to fix time for filing a response). Any argument

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by Respondent that Petitioner has procedurally defaulted a claim SHALL BE

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MADE in the ANSWER, but must also address the merits of the claim asserted.

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2.

Within SIXTY (60) days of the date of service of this order, Respondent SHALL
FILE any and all transcripts or other documents necessary for the resolution of the

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issues presented in the Petition. See Rule 5(c), Rules Governing Section 2254

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Cases.
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Petitioner MAY FILE a Traverse within THIRTY (30) days of the date

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Respondent’s Answer is filed with the Court. If no Traverse is filed, the Petition

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and Answer are deemed submitted at the expiration of the thirty days.
Extensions of time will only be granted upon a showing of good cause. All provisions of

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7 Local Rule 110 are applicable to this order.
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IT IS SO ORDERED.

10 Dated:

June 22, 2017
UNITED STATES MAGISTRATE JUDGE

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