Holloway v. Wong

Filing 62

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/2/2010 ORDERING that briefing on the pending 56 motion for summary judgment is STAYED pending the issuance of a decision in Martin; and the parties are to file a joint status report w/in 14 days after a decision in Martin is rendered.(Yin, K)

(HC)(DP) Holloway v. Wong

Doc. 62

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DUANE HOLLOWAY, Petitioner, vs. VINCENT CULLEN, Warden of San Quentin State Prison, Respondent. / No. CIV S-05-2089 FCD EFB P

ORDER DEATH PENALTY CASE

On July 13, 2010, the parties filed a Stipulation for Status Conference and Order, informing the court of the following: On June 21, 2010, the United States Supreme Court granted a petition for writ of certiorari filed by the California Attorney General's Office in Walker v. Martin, ___ S.Ct. ___, 2010 WL 621406 (June 21, 2010). The questions presented in the Martin case are as follows: Under state law in California, a prisoner may be barred from collaterally attacking his conviction when the prisoner "substantially delayed" filing his habeas petition. In federal habeas corpus proceedings, is such a state law "inadequate" to support a procedural bar because (1) the federal court believes that the rule is vague and (2) that state failed to prove that its courts "consistently" exercised their discretion when applying the rule in other cases?

Dockets.Justia.com

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There is a substantial possibility that the outcome of the Martin case could alter the framework established by the Ninth Circuit for evaluating the adequacy of California's procedural bars under Bennett v. Mueller, 322 F.3rd 573 (9th Cir. 2003) and King v. Lamarque, 464 F.3d 963 (9th Cir. 2006). Dckt. No. 61. The parties stipulated that briefing on respondent's pending motion for summary judgment, which is based on procedural defaults, be suspended until further order of the court. The court finds that this action should be administratively stayed pending the issuance of a decision in Martin. Accordingly, IT IS HEREBY ORDERED that: 1. Briefing on the pending motion for summary judgment is stayed pending the issuance of a decision in Martin; and 2. The parties are directed to file a joint status report within 14 days after a decision in Martin is rendered. DATED: August 2, 2010.

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