Varnum v. Kirkland, et al

Filing 43

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/24/15 ordering respondent shall file a response to petitioner's 08/19/15 motion for relief from judgment within 30 days from the date of this order. Petitioner may file a reply to respondent's response within 14 days from the filing of the response. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN LEE VARNUM,

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Petitioner,

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No. 2:04-cv-2659 GEB CKD P (TEMP)

v.
RICHARD KIRKLAND,

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Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus

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pursuant to 28 U.S.C. §2254. On December 16, 2008, United States Magistrate Judge Charlene

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H. Sorrentino issued findings and recommendations which recommended that petitioner’s habeas

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petition be denied. By order dated January 21, 2009, those findings and recommendations were

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adopted by the assigned district judge and judgment was entered accordingly. Subsequently, a

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certificate of appealability was issued by the district court on petitioner’s claim that his

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confession was unconstitutionally admitted into evidence at his trial.
Petitioner filed a timely notice of appeal and a request for the appointment of counsel. His

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request for counsel was granted and counsel was appointed to represent him. The United States

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Court of Appeals for the Ninth Circuit denied petitioner’s appeal by order dated April 29, 2011.

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On August 19, 2015, petitioner filed a motion for relief from judgment pursuant to Fed. R.

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Civ. P. 60(b). Good cause appearing, respondent will be ordered to file a response to that motion

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within thirty days.

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Accordingly, IT IS ORDERED that:

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1. Respondent shall file a response to petitioner’s August 19, 2015 motion for relief from

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judgment within thirty days from the date of this order.
2. Petitioner may file a reply to respondent’s response within fourteen days from the

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filing of the response.

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Dated: November 24, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Varnum2659.60b
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