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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESUS CIANEZ HERNANDEZ,

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Petitioner,

Case No. 1:12-cv-01661-DAD-MJS (HC)
ORDER REQUIRING PARTIES TO SUBMIT
SUPPLEMENTAL BRIEFING

v.
THIRTY (30) DAY DEADLINE

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GREG LEWIS, Warden,
Respondent.

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Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus

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under 28 U.S.C. § 2254. He is represented by Linnea Marie Johnson of the Central

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California Appellate Program. Respondent Greg Lewis, Warden of Pelican Bay State

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Prison, is represented by David Eldridge of the Office of the California Attorney General.

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On December 7, 2016, the undersigned issued findings and a recommendation

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regarding the petition, finding that Petitioner is entitled to relief and recommending that

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he be granted conditional release. (ECF No. 72.) On July 11, 2017, the District Judge

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declined to adopt the findings and recommendation and referred the matter back to the

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undersigned for amended findings and recommendations. (ECF No. 74.) Petitioner filed

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a motion for reconsideration and amended motion for reconsideration, both of which

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were denied by the District Judge. (ECF Nos. 75, 76, 77.)

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In accordance with the order declining to adopt the findings and recommendation,

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the parties shall, within thirty days of the date of this order, submit supplemental briefing

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“addressing the standard of review and application of deference, if any, to the factual

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findings made by the state court as well as the impact, if any, on the analysis of

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prejudice under Napue.” (ECF No. 74 at 6.) Each party may file a response to the other’s

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supplemental brief within twenty-one days thereafter. No replies shall be entertained

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absent further order of the Court.

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IT IS SO ORDERED.
Dated:

August 26, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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