Cox v. Ylst

Filing 104

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/9/11 ORDERING that in his opposition to petitioners discovery motion, respondent shall include a proposed schedule for addressing upcoming issues, including the procedural defenses raised in t he answer, the requirements of 28 U.S.C. § 2254(d), discovery, any motion for an evidentiary hearing, and the merits of petitioners claims. In his reply brief, petitioner shall include a response to respondents proposals and, to the extent he disagrees, make new proposals. The parties scheduling proposals shall specifically reference the effect of Cullen v. Pinholster, 131 S. Ct. 1388 (2011) on all aspects of this proceeding.(Dillon, 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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MICHAEL A. COX,

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Petitioner,

No. CIV S-04-0065 MCE CKD

vs.

DEATH PENALTY CASE

WARDEN, San Quentin
State Prison,

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Respondent.

ORDER

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On October 31, 2011, petitioner filed his traverse and a motion for discovery.

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(Dkt. Nos. 102, 103.). In addition to hearing argument on petitioner’s discovery motion, on

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December 14, 2011 at 10:00 a.m.,1 the court will conduct a scheduling conference. In his

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opposition to petitioner’s discovery motion, respondent shall include a proposed schedule for

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addressing upcoming issues, including the procedural defenses raised in the answer, the

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requirements of 28 U.S.C. § 2254(d), discovery, any motion for an evidentiary hearing, and the

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merits of petitioner’s claims. In his reply brief, petitioner shall include a response to

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respondent’s proposals and, to the extent he disagrees, make new proposals. The parties

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While petitioner noticed his motion for 9:00 a.m. on December 14, 2011, the court’s
civil calendar begins at 10:00 a.m.
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scheduling proposals shall specifically reference the effect of Cullen v. Pinholster, 131 S. Ct.

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1388 (2011) on all aspects of this proceeding.

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IT IS SO ORDERED.
Dated: November 9, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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cox sch.or

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