Osband v. Calderon, et al

Filing 614

ORDER SETTING BRIEFING SCHEDULE signed by Judge Kimberly J. Mueller on 10/19/11: Petitioner's opening brief due: 1/26/2012. Answer Brief due by 4/25/2012. Reply to Answer Brief due by 6/24/2012. (Manzer, C)

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DANIEL BRODERICK, Bar #89424
Federal Defender
TIVON SCHARDL, Fla. Bar #73016
Trial & Habeas Counsel
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: [phone]
E-mail:
[e-mail]

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TIM BROSNAN, Bar #75938
1116 Guerrero Street
San Francisco, California 94110
Telephone: [phone]
Attorneys for Petitioner
LANCE IAN OSBAND

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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Petitioner,
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v.
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WARDEN, San Quentin State Prison,
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Respondent.
______________________________________ )
LANCE IAN OSBAND,
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NO. CIV-S-97-0152 KJM
CAPITAL CASE
ORDER SETTING BRIEFING SCHEDULE

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On October 11, 2011, this Court held a hearing regarding the effects of Cullen v. Pinholster,

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563 U.S. ___, 131 S. Ct. 1388 (2011). Each party appeared through counsel. Having determined

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that it is appropriate at this time to consider whether 28 U.S.C. § 2254(d) bars relief for the claims

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on which an evidentiary hearing was granted, the court directed the parties to meet and confer and

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propose a briefing schedule. The parties did so and filed a joint statement reflecting their

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agreement. Having considered the briefs and joint statement, the court finds the proposed schedule

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is appropriate and should be adopted.

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No later than January 26, 2012, Petitioner shall file an opening brief addressing the

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application of § 2254(d) to Claims I, V, IX, and XX. Although the evidentiary hearing was ordered
Order Setting Briefing Schedule

Osband v. Warden, CIV S-97-0152 KJM

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on only a portion of some claims, Petitioner shall address the claims in toto, as they were presented

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to the California Supreme Court. See Pinholster, 131 S. Ct. at 1398 (“review under §2254(d)(1) is

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limited to the record that was before the state court that adjudicated the claim on the merits”).

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No later than April 25, 2012, Respondent shall file an answer brief.

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No later than June 24, 2012, Petitioner shall file any reply.

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IT IS SO ORDERED.

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Dated: October 19, 2011.

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UNITED STATES DISTRICT JUDGE

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Order Setting Briefing Schedule

Osband v. Warden, CIV S-97-0152 KJM