Cox v. Ylst

Filing 141

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/9/14 ORDERING that by February 12, 2016, petitioner shall file a memorandum of points and authorities addressing the application of 28 U.S.C. § 2254(d) to each claim in the petition. Within three months of the filing date of petitioners opening memorandum, respondent shall file a responsive memorandum. Within three months of the filing date of respondents response, petitioner shall file any reply.(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MICHAEL A. COX,

12

Petitioner,

13
14

No. 2:04-CV-0065 MCE CKD
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

15

ORDER

Respondent.

16
17

On July 9, 2014, the undersigned held a scheduling conference. Lissa Gardner appeared

18

for petitioner. Todd Marshall appeared for respondent. The court heard argument from counsel

19

about scheduling briefing to address the application of 28 U.S.C. § 2254(d) to the claims in the

20

petition. The parties are advised that the memoranda of points and authorities must be complete

21

and independent documents. The court will not consider matters from prior briefing or pleadings

22

that are incorporated by reference. In addition, respondent’s responsive memorandum and

23

petitioner’s reply shall follow the organization of issues and claims set out in the opening brief.

24

Good cause appearing, IT IS HEREBY ORDERED as follows:

25

1.

By February 12, 2016, petitioner shall file a memorandum of points and authorities
addressing the application of 28 U.S.C. § 2254(d) to each claim in the petition.

26
27

////

28

////
1

1

2. Within three months of the filing date of petitioner’s opening memorandum,

2

respondent shall file a responsive memorandum. Within three months of the filing

3

date of respondent’s response, petitioner shall file any reply.

4

Dated: July 9, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

5
6
7
8
9
10
11
12
13
14
15
16
17

Cox 2254d brfing.or

18
19
20
21
22
23
24
25
26
27
28
2