Jones v. Runnels, et al

Filing 50

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/9/11 ORDERING that the court will now VACATE the pending 41 findings and recommendations and set this matter for HEARING on June 23, 2011, at 10:00 a.m. in Courtroom # 9.(Duong, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DONALD JONES,

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Petitioner,

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No. CIV S-03-1421 KJM GGH P

vs.
D.L. RUNNELS, Warden, et al.,

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ORDER

Respondents.

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Petitioner is proceeding with appointed counsel on this petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. This court recommended denial of the petition in findings

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and recommendations issued on May 4, 2011. Subsequently, the parties stipulated to expanding

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the record to include appellant’s opening brief in the state appellate court on direct appeal. In

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addition, petitioner’s objections appear to, at a minimum, re-focus an argument that should have

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been raised fully before the undersigned, in response to which respondent has raised arguments

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which could not have been considered in light of the parties’ prior filings. The court will now

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VACATE the pending findings and recommendations (docket # 41) and set this matter for

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HEARING on June 23, 2011, at 10:00 a.m. in Courtroom # 9.

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IT IS SO ORDERED.
DATED: June 9, 2011

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

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GGH:009
jone1421.vac

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