Alvarez v. Calderon, et al

Filing 319

ORDER signed by Magistrate Judge Kendall J. Newman on 10/7/11 ORDERING that within 180 days of the filed date of this order, petitioner shall file a memorandum of points and authorities; Within 180 days of the filing date of petitioners memorandum, respondent shall file an opposition. Within 90 days of the filing date of respondents opposition, petitioner may file a reply.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MANUEL MACHADO ALVAREZ,

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Petitioner,

No. 2:97-cv-01895 GEB KJN

vs.

DEATH PENALTY CASE

WARDEN,
San Quentin State Prison,

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Respondent.
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ORDER
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On October 6, 2011, the undersigned held a status and scheduling conference.

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Jennifer Mann and Harry Simon appeared for petitioner. Laura Simpton appeared for

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respondent. After considering the parties’ September 22, 2011 Joint Statement and the

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arguments of counsel, and good cause appearing, IT IS HEREBY ORDERED as follows:

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1. Within 180 days of the filed date of this order, petitioner shall file a

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memorandum of points and authorities addressing the satisfaction of 28 U.S.C. § 2254(d) for

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each claim in the second amended petition.

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2. Within 180 days of the filing date of petitioner’s memorandum, respondent

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shall file an opposition. By addressing the merits of section 2254(d) first, respondent does not

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waive any procedural default defenses.

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3. Within 90 days of the filing date of respondent’s opposition, petitioner may file
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a reply.

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4. Extensions of these filing deadlines will be granted only upon a showing of
extraordinary circumstances.

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5. After receipt of the briefs, the court will schedule argument, if necessary.
DATED: October 7, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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alvarez 2254 brf.or

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