Coddington v. Woodford

Filing 133

ORDER signed by Magistrate Judge Gregory G. Hollows on 04/19/11 ordering that within 14 days, both parties shall file simultaneous briefing regarding Cullen. (Plummer, 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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HERBERT JAMES CODDINGTON,

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Petitioner,

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No. CIV S-01-1290 KJM GGH DP

vs.

DEATH PENALTY CASE

VINCE CULLEN, Acting Warden,

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Respondent.

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ORDER
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Presently pending is petitioner’s motion for discovery, part of which was filed

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under seal. Docs. 107, 110. Respondent timely filed an opposition and a hearing was held

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before the undersigned on March 24, 2011. Appearing for petitioner was Jennifer Mann and

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Bruce Cohen.1 Appearing for respondent was Christina Simpson and Eric Christoffersen.

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On April 4, 2011, the Supreme Court decided Cullen v. Pinholster,131 S.Ct. 1388,

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2011 WL 1225705 (2011), that relates to the instant case. Within 14 days, both parties shall file

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simultaneous briefing regarding Cullen and its application to the discovery requests. The parties

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should address all issues that were raised in the instant discovery motion including the juror

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claim.

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Mr. Cohen appeared by phone.
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On April 14, 2011, the parties filed a stipulation regarding respondent’s discovery

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requests and a proposed protective order. The court will reserve judgment on the stipulation and

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proposed protective order until the above briefing has been filed.

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Accordingly, IT IS HEREBY ORDERED that within 14 days, both parties shall

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file simultaneous briefing regarding Cullen.

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DATED: April 19, 2011

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/s/ Gregory G. Hollows
____________________________________
GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE

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GGH: AB
codd1290.ord.DP

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