Hines v. Ylst

Filing 339

ORDER signed by Magistrate Judge Edmund F. Brennan on 03/14/18 ORDERING respondent shall file the motion for summary judgment on all remaining issues on or before 6/04/18. Petitioner's opposition shall be filed on or before 9/03/18. Respondent's reply shall be filed on or before 10/15/18. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY DALE HINES,

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Petitioner,

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No. 2:98-cv-0784-TLN-EFB DP

v.

ORDER

RONALD DAVIS,

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Respondent.

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Petitioner is a state death-row prisoner seeking a writ of habeas corpus under 28 U.S.C.

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§ 2254. Petitioner’s claims concerning the guilt phase of his criminal trial have been by way of

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summary judgment. ECF Nos. 211, 287. Remaining for determination are petitioner’s claims

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concerning the penalty phase. ECF No. 311.
The court has denied, without prejudice, petitioner’s motion to expand the record, and the

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district judge has ordered respondent to file a motion for summary judgment on all remaining

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claims. ECF No. 338. The case has been referred back to the undersigned to set a briefing

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schedule for the motion. Id.

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Respondent shall file the motion for summary judgment on all remaining issues on or

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before June 4, 2018. Petitioner’s opposition shall be filed on or before September 3, 2018.

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Respondent’s reply shall be filed on or before October 15, 2018.

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So ordered.

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DATED: March 14, 2018.

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