Arias v. Calderon, et al

Filing 268

ORDER signed by Magistrate Judge Dale A. Drozd on 3/18/2014 GRANTING petitioner's 267 request and the Selection Board shall recommend second counsel to represent petitioner; and within 5 days, respondent shall file an opposition to petitioner's 267 motion for an extension of time to file opening brief. (Yin, K)

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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,

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No. 2:99-cv-0627 WBS DAD
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

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ORDER

Respondent.

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Petitioner seeks referral of his case to the Selection Board for recommendation of second

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counsel to replace attorney Peter Giannini, who was granted leave to withdraw in February.

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Good cause appearing, petitioner’s request is granted. The Selection Board shall recommend

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second counsel to represent petitioner.

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Petitioner also seeks an extension of the due date for his opening brief on the application

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of 28 U.S.C. § 2254(d) to each claim in the petition. Currently, that brief is due April 15, 2014.

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Petitioner informs the court that respondent opposes this request for an extension of time. Within

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five days of the filed date of this order, respondent shall file an opposition to petitioner’s March

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17, 2014 Motion (ECF No. 267.)

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IT IS SO ORDERED.
Dated: March 18, 2014

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arias selection bd ref.or

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