Patrick v. Wong

Filing 45

ORDER signed by Chief Circuit Judge Alex Kozinski on 3/5/2012 ORDERING parties to file supplemental briefs addressing the impact of Cullen v. Pinholster, on the motion to expand the record filed by petitioner on 4/6/2009. Petitioner's brief shall be filed by 3/26/2012. Respondent shall file response by 4/16/2012. Petitioner's reply is due 4/30/2012. The principal briefs may not exceed 4000 words, reply may not exceed 2000 words.(Waggoner, D)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

SCOTT PATRICK,
Petitioner,

No. 2:07-cv-00582-AK

v.
ORDER
SUSAN HUBBARD,
Respondent.

The parties are ordered to file supplemental briefs addressing the impact of
Cullen v. Pinholster, 131 S. Ct. 1388 (2011), on the motion to expand the record
filed by Patrick on April 6, 2009. The parties should address whether Patrick made
any effort in state court to expand the record in support of his ineffective assistance
of counsel claim, and the relevance, if any, of Taylor v. Maddox, 366 F.3d 992,
1001 (9th Cir. 2004) (“If . . . a state court makes evidentiary findings without
holding a hearing and giving petitioner an opportunity to present evidence, such
findings clearly result in an ‘unreasonable determination’ of the facts.”).
Patrick’s brief shall be filed by March 26, 2012. The warden’s response
shall be filed by April 16, 2012. Patrick’s optional reply is due April 30, 2012.

page 2
The principal briefs may not exceed 4000 words, and the reply may not exceed
2000 words.

March 5, 2012

A
ALEX KOZINSKI
Chief Circuit Judge
Sitting by designation