Espinoza v. Ornoski

Filing 271

ORDER signed by Magistrate Judge Deborah Barnes on 12/19/16 ordering that within thirty days of the filed date of this order, petitioner shall file any reply to respondents December 12, 2016 statement. If respondent wishes to respond, he may file a sur-reply within twenty days after service of petitioners reply. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTONIO ESPINOZA,

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Petitioner,

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No. 2:94-cv-1665 JAM DB
DEATH PENALTY CASE

v.
WARDEN, SAN QUENTIN STATE
PRISON,

ORDER

Respondent.

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

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corpus under 28 U.S.C. § 2254. After new counsel was appointed for petitioner in February

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2016, the court ordered petitioner’s counsel to file a statement describing the status of these

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proceedings and a plan for going forward. (ECF No. 266.) On October 27, 2016, petitioner filed

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that statement. (ECF No. 268.) On December 12, 2016, respondent filed a responsive statement.

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(ECF No. 270.)
In his October 27 statement, petitioner requests the opportunity to file a reply to

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respondent’s statement. The court finds good cause for the filing of a reply to address

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respondent’s statement and, if petitioner wishes, to address briefly the effect, if any, of the

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passage of Proposition 66 on these proceedings.

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Accordingly, IT IS HEREBY ORDERED that within thirty days of the filed date of this

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order, petitioner shall file any reply to respondent’s December 12, 2016 statement. If respondent

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wishes to respond, he may file a sur-reply within twenty days after service of petitioner’s reply.

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Dated: December 19, 2016

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DLB:9
DLB1/orders.capital/Espinoza.sts reply

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