Gordon v. Wong, et al

Filing 400

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/2/2015 ORDERING that the hearing currently scheduled for 12/16/2015 at 10:00 a.m. will address scheduling issues only and will not address the issues raised by petitioner's 11/17/2015 motion for partial summary judgment. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICK BRUCE GORDON,

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Petitioner,

No. 2:91-cv-0882-MCE-EFB P
DEATH PENALTY CASE

v.
RON DAVIS, Warden,

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ORDER

Respondent.

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Petitioner is a state prisoner proceeding through counsel with this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. By order dated October 6, 2015, issued pursuant to

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stipulation of the parties, the court set a briefing schedule in this matter. Specifically, petitioner

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was directed to file a brief on all of his claims for relief by October 6, 2016. Respondent’s

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opposition was scheduled to be filed one year later. On November 17, 2015, petitioner filed a

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motion for partial summary judgment with respect to only three of his claims for relief and set it

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for hearing on the court’s calendar for December 16, 2015. Respondent filed an opposition on

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November 23, 2015, in which he argued that the motion for summary judgment was

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improvidently filed but did not address the merits of petitioner’s arguments. Petitioner has not

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yet filed a reply.

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Good cause appearing, the December 16, 2015 hearing on the motion for summary

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judgment will be converted to a status conference only. Counsel for petitioner should be prepared
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to discuss why the three claims addressed in his partial motion for summary judgment should be

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adjudicated separately and not in accordance with the stipulated order described above. If the

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undersigned determines at the status conference that it is necessary to modify the scheduling

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order and address these three claims in advance, a new hearing will be scheduled on the summary

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judgment motion.

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Accordingly, IT IS ORDERED that the hearing currently scheduled for December 16,

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2015, at 10:00 a.m. will address scheduling issues only and will not address the issues raised by

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petitioner’s November 17, 2015 motion for partial summary judgment.

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DATED: December 2, 2015.

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