Hernandez v. Lewis

Filing 78

ORDER requiring parties to submit supplemental briefing signed by Magistrate Judge Michael J. Seng on 8/26/2017. Thirty day Filing Deadline. (Lundstrom, T)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JESUS CIANEZ HERNANDEZ, 11 12 Petitioner, Case No. 1:12-cv-01661-DAD-MJS (HC) ORDER REQUIRING PARTIES TO SUBMIT SUPPLEMENTAL BRIEFING v. THIRTY (30) DAY DEADLINE 13 14 GREG LEWIS, Warden, Respondent. 15 16 17 18 Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus 19 under 28 U.S.C. § 2254. He is represented by Linnea Marie Johnson of the Central 20 California Appellate Program. Respondent Greg Lewis, Warden of Pelican Bay State 21 Prison, is represented by David Eldridge of the Office of the California Attorney General. 22 On December 7, 2016, the undersigned issued findings and a recommendation 23 regarding the petition, finding that Petitioner is entitled to relief and recommending that 24 he be granted conditional release. (ECF No. 72.) On July 11, 2017, the District Judge 25 declined to adopt the findings and recommendation and referred the matter back to the 26 undersigned for amended findings and recommendations. (ECF No. 74.) Petitioner filed 27 28 1 a motion for reconsideration and amended motion for reconsideration, both of which 2 were denied by the District Judge. (ECF Nos. 75, 76, 77.) 3 In accordance with the order declining to adopt the findings and recommendation, 4 the parties shall, within thirty days of the date of this order, submit supplemental briefing 5 “addressing the standard of review and application of deference, if any, to the factual 6 findings made by the state court as well as the impact, if any, on the analysis of 7 prejudice under Napue.” (ECF No. 74 at 6.) Each party may file a response to the other’s 8 supplemental brief within twenty-one days thereafter. No replies shall be entertained 9 absent further order of the Court. 10 11 12 IT IS SO ORDERED. Dated: August 26, 2017 /s/ 13 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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