Hernandez v. Lewis
ORDER requiring parties to submit supplemental briefing signed by Magistrate Judge Michael J. Seng on 8/26/2017. Thirty day Filing Deadline. (Lundstrom, T)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JESUS CIANEZ HERNANDEZ,
Case No. 1:12-cv-01661-DAD-MJS (HC)
ORDER REQUIRING PARTIES TO SUBMIT
THIRTY (30) DAY DEADLINE
GREG LEWIS, Warden,
Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus
under 28 U.S.C. § 2254. He is represented by Linnea Marie Johnson of the Central
California Appellate Program. Respondent Greg Lewis, Warden of Pelican Bay State
Prison, is represented by David Eldridge of the Office of the California Attorney General.
On December 7, 2016, the undersigned issued findings and a recommendation
regarding the petition, finding that Petitioner is entitled to relief and recommending that
he be granted conditional release. (ECF No. 72.) On July 11, 2017, the District Judge
declined to adopt the findings and recommendation and referred the matter back to the
undersigned for amended findings and recommendations. (ECF No. 74.) Petitioner filed
a motion for reconsideration and amended motion for reconsideration, both of which
were denied by the District Judge. (ECF Nos. 75, 76, 77.)
In accordance with the order declining to adopt the findings and recommendation,
the parties shall, within thirty days of the date of this order, submit supplemental briefing
“addressing the standard of review and application of deference, if any, to the factual
findings made by the state court as well as the impact, if any, on the analysis of
prejudice under Napue.” (ECF No. 74 at 6.) Each party may file a response to the other’s
supplemental brief within twenty-one days thereafter. No replies shall be entertained
absent further order of the Court.
IT IS SO ORDERED.
August 26, 2017
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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