Geren v. Cate

Filing 62

ORDER signed by Senior Judge James K. Singleton on 8/10/11 ORDERING that except that any application for the pmt of fees incurred by counsel for Geren, which shall remain referred to the magistrate Judge, the reference of this matter to the Magistrat e Judge is WITHDRAWN; the stay entered 42 is VACATED; Within 21 days of service of this Order, Petitioner must serve and file a supplemental brief, not to exceed 25 pgs in length, addressing the matters as set forth above; Respondent's Brief, not to exceed 25 pges in length, must be filed not later than 21 days after service of Petitioner's Brief; and Petitioner may file a reply brief, not exceeding 15 pgs in length, not later than 14 days after service of Respondent's Brief. The Clerk is directed to reopen this case. (Becknal, R)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
RANDY JAMES GEREN,
No. 2:05-cv-01344-JKS-GGH
Petitioner,
vs.

ORDER
[Re: Supplemental Briefing]

MATTHEW CATE,1 Secretary, California
Department of Corrections and
Rehabilitation,
Respondent.

Petitioner Randy James Geren, a state prisoner appearing through counsel, has pending
before this Court a Petition for Habeas Corpus Relief under 28 U.S.C. § 2254. In his Petition,
Geren contends that he was denied the effective assistance of counsel. This Court previously
ordered the matter stayed and held in abeyance pending Geren’s exhaustion of his state-court
remedies.2 The record reflects that Geren filed a petition for habeas relief in the state courts
raising his unexhausted claims. The Butte County Superior Court, after holding an evidentiary
hearing, denied Geren’s petition for habeas relief. The California Supreme Court summarily
denied Geren’s subsequent petition to that court, Case No. S188595, on July 13, 2011.3 The
proceedings in the state courts are now concluded.

1

Matthew Cate, Secretary, California Department of Corrections and Rehabilitation, is
substituted for Tom. L. Carey, Warden. Fed. R. Civ. P. 25(d).
2

Docket No. 42.

3

http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=1963376
&doc_no=S188595

While this matter has been pending, in addition to the decision of the Butte County
Superior Court, the United States Supreme Court handed down two decisions having an impact
on the outcome in this case: Knowles v. Mirzayance4 and Harrington v. Richter.5 Accordingly,
this Court has determined that Supplemental Briefing in this case addressing the decision of the
Butte County Superior Court in light of Mirzayance and Richter is appropriate.
IT IS THEREFORE ORDERED THAT, except that any application for the payment of
fees incurred by counsel for Geren, which shall remain referred to the magistrate Judge, the
reference of this matter to the Magistrate Judge herein is hereby WITHDRAWN.
IT IS FURTHER ORDERED THAT the stay entered herein at Docket No. 42 is hereby
VACATED.
IT IS FURTHER ORDERED THAT:
1.

Within 21 days of service of this Order, Petitioner must serve and file a supplemental

brief, not to exceed 25 pages in length, addressing the matters as set forth above;
2.

Respondent’s Brief, not to exceed 25 pages in length, must be filed not later than 21 days

after service of Petitioner’s Brief; and
3.

Petitioner may file a reply brief, not exceeding 15 pages in length, not later than 14 days

after service of Respondent’s Brief.
The Clerk of the Court is directed to reopen this case.
Dated: August 10, 2011.
/s/ James K. Singleton, Jr.
JAMES K. SINGLETON, JR.
United States District Judge

4

556 U.S. ___, 129 S. Ct. 1411 (2009).

5

562 U.S. ___, 131 S. Ct. 770 (2011).
2