Franklin v. Kernan

Filing 137

ORDER signed by Judge Kimberly J. Mueller on 4/10/2014 ORDERING that Respondent's 135 Supplement is STRICKEN. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL E. FRANKLIN,

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Civ. No. S-05-304 KJM

Petitioner,
v.

ORDER

WARDEN, Mule Creek State Prison,

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Respondent.

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On March 30, 2013, this court granted petitioner’s motion for an evidentiary

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hearing on the question whether Juror No. 3 prematurely decided petitioner’s guilt. ECF No. 109.

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Respondent filed a motion for reconsideration, ECF No.110, which was denied on October 11,

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2013. ECF No. 116. The case is currently set for hearing on June 16, 2014.

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On April 2, 2014, respondent filed a “Notice of Supplemental Authority.” ECF No. 135.

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Petitioner asks that the notice be stricken or, in the alternative, that he be given leave to file a

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response.
As no motion or request is pending, there is nothing to supplement. Respondent’s

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Notice, ECF No. 135, is therefore stricken. The parties may address the impact of Murray v.

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Schriro, No. 08-99013, ___ F.3d___, 2014 WL 998019 (9th Cir. Mar. 17, 2014), in post-hearing

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briefing.

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IT IS SO ORDERED.
DATED: April 10, 2014.

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UNITED STATES DISTRICT JUDGE

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