Arias v. Calderon, et al

Filing 232

ORDER signed by Magistrate Judge Dale A. Drozd on 12/9/2011 ORDERING that petitioner's memorandum of points and authorities re the second amended petition is due by 8/10/2012, respondent's opposition is due by 4/12/2013, petitioner's r eply is due by 8/12/2013; a Status Conference is set for 3/16/2012 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd, prior to the conference, the parties shall meet and confer re exhaustion, a joint statement is due on 3/8/2012; and the 12/13/11 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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PEDRO ARIAS,

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Petitioner,

No. CIV S-99-0627 WBS DAD

vs.

DEATH PENALTY CASE

WARDEN, San Quentin State
Prison

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Respondent.

ORDER
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The parties have submitted a joint statement in which they agree upon a schedule

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for these proceedings. (Doc. No. 231.) The court finds the parties’ proposed schedule to be

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reasonable. Accordingly, IT IS HEREBY ORDERED as follows:

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1. Petitioner’s memorandum of points and authorities regarding the application of

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28 U.S.C. § 2254(d) to each claim in the second amended petition shall be filed by August 10,

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2012. Respondent’s opposition shall be filed by April 12, 2013. Petitioner’s reply shall be filed

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by August 12, 2013. Each memorandum shall be complete in and of itself and shall not

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incorporate by reference prior briefing.

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2. On Friday, March 16, 2012, at 10:00 a.m. in courtroom #27, the undersigned
will hold a status conference. Prior to the conference, the parties shall meet and confer regarding
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exhaustion. By the close of business on March 8, 2012, the parties shall file a joint statement

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describing which, if any, claims respondent contends are unexhausted and petitioner’s position

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with respect to each of those claims. If the parties are not in agreement regarding exhaustion,

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they shall also propose a plan for resolving the exhaustion issues.

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3. The scheduling conference set for December 13, 2011 before the undersigned

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is taken off calendar.

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DATED: December 9, 2011.

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arias 2254d brf.or

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