Holloway v. Wong

Filing 66

ORDER signed by Magistrate Judge Edmund F. Brennan on 03/10/11 ordering the court adopts the proposed schedule. Petitioner's brief in opposition to respondent's motion for summary judgment shall be filed on or before 05/24/11. Respondent's reply shall be filed on or before 06/23/11. As to 56 MOTION for SUMMARY JUDGMENT, ( Motion Hearing set for 7/13/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan.) (Plummer, M)

Download PDF
-EFB (HC)(DP) Holloway v. Wong Doc. 66 1 2 3 4 5 6 7 8 9 10 11 DANIEL J. BRODERICK, Bar #89424 Federal Public Defender HARRY SIMON, Bar #133112 Assistant Federal Public Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-6666 MARK D. GREENBERG, Bar #99726 484 Lake Park Avenue, Suite 429 Oakland, California 94610 Telephone: (510) 452-3126 Attorneys for Petitioner DUANE HOLLOWAY IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DUANE HOLLOWAY, ) ) Petitioner, ) ) v. ) ) MICHAEL MARTEL, Warden of San ) Quentin State Prison ) ) Respondent. ) ______________________________________ ) DEATH PENALTY CASE NO. CIV S-05-2089 FCD-EFB ORDER SCHEDULING FURTHER PROCEEDINGS REGARDING RESPONDENT'S MOTION FOR SUMMARY JUDGMENT 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On August 2, 2010, this Court stayed proceedings on Respondent's pending motion for summary judgment, which seeks the dismissal of various claims based on procedural bars. In its August 2, 2010 Order, the Court stayed briefing pending the issuance of the United States Supreme Court's decision in Walker v. Martin, ___ S.Ct. ___, 2011 WL 611627 (February 23, 2011). In addition, the Court directed the parties to file a joint status report within 14 days after a decision in Martin is rendered. Pursuant to that Order, the parties have filed a Joint Status Statement Regarding Respondent's Motion for Summary Judgment, which proposes a schedule for further briefing and hearing that is agreeable to both parties. Scheduling Order re: Respondent's SJ Motion 1 Holloway v. Cullen, CIV S-05-2089 FCD EFB P Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Court adopts that proposed schedule. Petitioner's brief in opposition to Respondent's motion for summary judgment shall be filed on or before May 24, 2011. Respondent's reply shall be filed on or before June 23, 2011. The hearing on Respondent's motion shall be held on July 13, 2011 at 10 a.m. Dated: March 10, 2011. Scheduling Order re: Respondent's SJ Motion 2 Holloway v. Cullen, CIV S-05-2089 FCD EFB P

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?