Hillhouse v. Wong

Filing 206

ORDER signed by Magistrate Judge Craig M. Kellison on 05/10/11 ordering respondent shall within 60 days of the date of this order, file a memorandum of points and authorities on his procedural defenses. Petitioner shall file an opposing memorandum w ithin 60 days of the filing of respondents brief. Respondent may file a reply brief within 30 days after the filing of petitioner's opposition brief. A hearing on the procedural defenses shall be scheduled following submission of petitioner's opposing brief. The clerk of the court is directed to update the docket to reflect the substitution of Michael Martel as respondent in this matter. (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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DANNIE RAY HILLHOUSE,

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No. CIV S-03-0142-MCE-CMK

Petitioner,

DEATH PENALTY CASE

vs.

ORDER

MICHAEL MARTEL,1

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Respondent.

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/

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Petitioner, a state prisoner proceeding with appointed counsel, seeks a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254.

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held on May 5, 2011, before the undersigned in Redding, California. James Thomson and Hilary

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Sheard appeared on behalf of petitioner; Paul O’Connor appeared on behalf of respondent.

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A telephonic case management conference was

Following review of the case management conference statements, and discussion

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with counsel, the court has determined that the best course of action in this matter is to address

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the procedural defenses prior to entering Phase III.

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Michael Martel is now acting warden of San Quinton. Pursuant to Federal Rule
of Civil Procedure 25(d), Michael Martel is substituted for his predecessor. The Clerk of the
Court will be directed to update the docket to reflect the above caption.
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Accordingly, and good cause appearing therefor, IT IS HEREBY ORDERED
that:
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Respondent shall, within 60 days of the date of this order, file a

memorandum of points and authorities on his procedural defenses;
2.

Petitioner shall file an opposing memorandum within 60 days of the filing

of respondent’s brief;
3.

Respondent may file a reply brief within 30 days after the filing of

petitioner’s opposing brief;
4.

A hearing on the procedural defenses shall be scheduled following

submission of petitioner’s opposing brief; and
5.

The Clerk of the Court is directed to update the docket to reflect the

substitution of Michael Martel as respondent in this matter.

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DATED: May 10, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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