Holloway v. Wong

Filing 96

STIPULATION and ORDER signed by Magistrate Judge Jeremy D. Peterson on 3/6/24, EXTENDING the time for filing of the parties objections to the Findings and Recommendations to 5/30/24. (Kastilahn, A)

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HEATHER E. WILLIAMS, State Bar No. 122664
Federal Defender
HARRY SIMON, State Bar No. 133112
Assistant Federal Defender
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: [phone]
Fax: [phone]
MARK D. GREENBERG, Bar No. 99726
484 Lake Park Avenue, Suite 429
Oakland, California 94610
Telephone: [phone]
Attorneys for Petitioner
DUANE HOLLOWAY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DUANE HOLLOWAY,
Petitioner,

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vs.
CHANDES ANDES, Acting Warden
of the California State Prison at San
Quentin,

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Respondent.
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DEATH PENALTY CASE
NO. 2:05-cv-02089-DJC-JDP

STIPULATION AND ORDER EXTENDING
TIME FOR FILING OBJECTIONS TO
FINDINGS AND RECOMMENDATIONS
GRANTING IN PART AND DENYING IN
PART SUMMARY JUDGMENT BASED ON
PROCEDURAL DEFENSES

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On September 29, 2006, counsel for petitioner filed his petition for writ of habeas corpus

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in this action. Doc. 29. On October 30, 2006, petitioner filed a second state habeas petition with

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the California Supreme Court in In Re Duane Holloway, Case No. S147749 raising identical

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claims to those contained in his federal petition. On August 19, 2009, the California Supreme

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Court denied the claims contained in the second state petition on the merits and almost all of

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those same claims based on various state procedural bars.

Stipulation and Order Extending Time for Filing Objections
To Findings and Recommendations Re: Procedural Defenses

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Holloway v. Andes, Case No. 2:05-cv-02089-DJC-JDP

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On April 14, 2010, counsel for Respondent filed a Motion for Summary Judgment as to

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various claims contained in the petition based on state procedural bars. (Doc 56.) On May 24,

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2011, counsel for Petitioner filed his Opposition to that summary judgment motion. (Doc. 69.)

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On June 23, 2011, counsel for Respondent filed his Reply Brief in support of the summary

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judgment motion. (Doc. 73.)

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On January 31, 2024, Magistrate Judge Jeremy Peterson issued detailed findings and

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recommendations recommending that respondent’s motion for summary judgment be denied

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without prejudice as to claims 1.C, 1.F, 7.B, 11, and 28 of the petition and granted as to claims

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1.A, 1.D (to the extent it alleges ineffective assistance of counsel), 1.E.2, 2.A, 2.B, 2.C, 2.D, 2.E,

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3, 4, 5.A, 5.B, 5.C, 5.D, 5.E.1, 5.F.2, 5.F.4, 5.G, 5.H, 5.I, 5.K, 5.L, 5.M, 5.N, 5.O, 6.C, 7.A, 7.C,

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7.D, 9, 10.A, 19.B, 19.C, 21.B, 27 and 31. (Doc. 94.) Those Findings and Recommendations

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further provided: “Any response to the objections shall be filed and served within thirty days

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after service of the objections.” (Doc. 94 at 47.)

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In order to provide meaningful objections to the Findings and Recommendations, counsel

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for Petitioner and Respondent need to reacquaint themselves with the details of the state and

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federal petition, the California Supreme Court’s resolution of petitioner’s claims on direct appeal

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and in his first and second habeas proceedings, the arguments made at the time they wrote their

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briefs on these issues, and the law that has evolved in this area since the filing of those briefs

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more than a decade ago. Counsel are balancing these responsibilities with completing obligations

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in other cases.

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Accordingly, counsel for the parties stipulate as follows:

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Stipulation and Order Extending Time for Filing Objections
To Findings and Recommendations Re: Procedural Defenses

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Holloway v. Andes, Case No. 2:05-cv-02089-DJC-JDP

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The time for filing of the parties objections to the Findings and Recommendations issued

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by the Court on January 31, 2024 shall be extended for a period of 90 days, from March 1, 2024

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to May 30, 2024.

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Dated: February 23, 2024

Respectfully Submitted,
HEATHER E. WILLIAMS
Federal Defender

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/s/ Harry Simon
HARRY SIMON
Assistant Federal Defender

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Attorneys for Petitioner
DUANE HOLLOWAY

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ROB BONTA
Attorney General of California

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/s/ Barton Bowers
BARTON BOWERS
Deputy Attorney General

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Attorney for Respondent

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IT IS SO ORDERED.

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Dated:

March 6, 2024
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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Stipulation and Order Extending Time for Filing Objections
To Findings and Recommendations Re: Procedural Defenses

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Holloway v. Andes, Case No. 2:05-cv-02089-DJC-JDP