Steele v. Woodford

Filing 193

ORDER signed by Judge Garland E. Burrell, Jr., on 11/30/11 ORDERING that the portion of the 11/10/10 order adopting the Magistrate Judge's findings and recommendations on procedural default is VACATED. This case is REFERRED back to the Magistrate Judge for further consideration and findings and recommendations. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAYMOND EDWARD STEELE,
Petitioner,

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v.

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JOHN STOKES, Acting Warden of
California State Prison at San
Quentin,

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Respondent.
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2:03-cv-00143-GEB-CKD
ORDER*

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Respondent filed a motion to reconsider “this Court’s November

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10, 201[0] order (Doc. 164) adopting the findings and recommendations of

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the Magistrate Judge regarding the adequacy of California’s procedural

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defaults imposed against petitioner in this case.” (Mot. 1:8-10.) In his

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opposition brief, Petitioner states: there “seems to be appropriate

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grounds for referring the matter back to the Magistrate Judge for

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supplemental briefing in light of the new Supreme Court case[, Walker v.

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Martin, 562 U.S. ----, 131 S.Ct. 1120 (2011)]. If the Court construes

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respondent’s motion as a request to refer the matter back to the

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Magistrate Judge, petitioner does not oppose the request.” (Opp’n 2:12-

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15.)
In light of Petitioner’s statement and the recent Supreme

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*

argument.

This matter is deemed suitable for decision without oral
E.D. Cal. R. 230(g).
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Court decision, the portion of the November 10, 2010 order adopting the

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Magistrate Judge’s findings and recommendations on “procedural default”

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is vacated. (ECF No. 164 2:3-4; ECF No. 151 5:16-34:20.) This case is

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referred back to the Magistrate Judge for further consideration and

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findings and recommendations on the “procedural default” issue, in light

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of Walker.

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Dated:

November 30, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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