Lenart v. Ornoski

Filing 201

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/28/2018 ORDERING Petitioner's opening brief due on or before 1/2/2020; Respondent's brief in opposition due 7/2/2021; and Petitioner may file a reply brief on or before 9/30/2021. Upon resolution of the § 2254(d) and Teague issues, Magistrate Judge Carolyn K. Delaney will conduct a further scheduling conference concerning procedural default issues. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THOMAS HOWARD LENART,

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Petitioner,

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v.

No. 2:05-CV-01912 MCE CKD
DEATH PENALTY CASE
ORDER

ROBERT L. AYERS, JR.,

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Respondent.

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As required by the court’s April 30, 2018 order, the parties submitted a joint status report.

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ECF No. 198. Petitioner has indicated that no traverse will be filed in this case. ECF No. 198 at

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2. The parties do not agree on the time table for briefing the claims raised in the second amended

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habeas petition or the particular issues to be included in the briefing schedule. See ECF No. 198.

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In light of the volume of the state court record in this case, the court finds petitioner’s request for

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an 18 month time period to submit an opening brief to be reasonable and supported by good

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cause.

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The parties are hereby directed to brief the application of 28 U.S.C. § 2254(d) to the

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claims raised in the second amended petition with specific citation to the state court record lodged

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electronically in this case. This round of briefing shall also address the applicability of Teague v.

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Lane, 498 U.S. 288 (1988) as a bar to claims 12, 32, 34, 35 and 36 as asserted in respondent’s

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answer. See ECF No. 193 at 9. The court will resolve issues related to 28 U.S.C. § 2254(d) and
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non-retroactivity under Teague before it addresses procedural default issues or permits further

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factual development of any claim.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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2. Respondent’s brief in opposition is due July 2, 2021.

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3. Petitioner may file a reply brief on or before September 30, 2021.

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4. Upon resolution of the § 2254(d) and Teague issues, the undersigned will conduct a

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Petitioner’s opening brief is due on or before January 2, 2020.

further scheduling conference concerning procedural default issues.
Dated: June 28, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/lena1912.briefingschedule.docx

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