Bills v. Clark

Filing 58

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/4/11 ORDERING that counsel for the parties are to file simultaneous briefs within 21 days, neitherbrief to exceed 20 pages.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JIMMY LEE BILLS,

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Petitioner,
vs.
KEN CLARK, et al.,
Respondent.

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No. CIV S-06-2223 MCE GGH P

ORDER
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Petitioner appealed dismissal of this habeas petition in the district court, and, in a

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decision filed on December 8, 2010, the Ninth Circuit reversed and remanded the case to this

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court. Counsel for the parties are to file simultaneous briefs within twenty-one (21) days, neither

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brief to exceed twenty pages, addressing how the newly articulated appropriate standard to

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determine eligibility for equitable tolling due to mental impairment should be applied to the facts

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of this case, and arguing the question of petitioner’s diligence in seeking assistance, including

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whether any such assistance was available. The parties shall also state their positions regarding

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the taking of additional evidence on the issues above.

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IT IS SO ORDERED.

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DATED: May 4, 2011
/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE
GGH:009 - bill2223.fb