Majors v. Ayers, et al

Filing 227

ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/2011 ORDERING that w/in 180 days, ptnr shall file a memorandum of points and authorities; w/in 180 days of ptnr's memo, respondent shall file an opposition; w/in 90 days of respondent&# 039;s opposition, ptnr may file a reply; extensions of these deadlines will be granted only upon a showing of extraordinary circumstances; after receipt of the briefs, the court will schedule argument, if necessary; because the parties have agreed to a schedule, the 10/20/11 scheduling conference is taken off calendar. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES DAVID MAJORS,

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Petitioner,

No. 2:99-cv-00493 MCE KJN

vs.

DEATH PENALTY CASE

WARDEN,
San Quentin State Prison,

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Respondent.

ORDER

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/
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As required by the court’s September 19, 2011 order, the parties submitted a joint

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status report. (Dkt. No. 226.) They propose the court resolve issues related to 28 U.S.C.

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§2254(d) and non-retroactivity under Teague v. Lane, 498 U.S. 288 (1988), before it addresses

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procedural default issues or permits further factual development.1 The parties’ proposed

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schedule for briefing section 2254(d) and Teague is supported by good cause. However, while

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the court agrees generally with the parties’ proposed schedule for resolving any remaining

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procedural default and merits issues, the court finds it premature. The undersigned will conduct a

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status and scheduling conference after resolution of the section 2254(d) and Teague issues.

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As this court stated previously, motions to preserve evidence will be considered prior to
resolution of section 2254(d) issues. (Dkt. No. 225 at 4.)
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Accordingly, 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 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, which shall include briefing of the non-retroactivity defense, to the

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extent it was asserted in the answer.

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

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resolution of the section 2254(d) and Teague issues, the undersigned will conduct a scheduling

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conference.

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6. Because the parties have agreed to a schedule, the scheduling conference set

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for October 20, 2011 is taken off calendar.

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DATED: October 18, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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majors 2254d brfs.or

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