Campbell v. Jacquez

Filing 56

ORDER signed by Magistrate Judge Dale A. Drozd on 05/10/13 ordering on or before 07/12/13, petitioner shall file and serve a 4th amended petition for a writ of habeas corpus which shall not contain any claims other than the 5 exhausted claims presented by petitioner to the state courts on direct appeal. Respondent's response to the 4th amended petition shall be filed and served on or before 08/12/13. (Plummer, 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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JAMES W. CAMPBELL,

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Petitioner,

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No. 2:10-cv-00114 TLN DAD P

vs.
FRANCISCO JACQUEZ, et al.,

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Respondents.

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ORDER
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This matter came before the court on May 10, 2013, for a status conference.

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Mark Eibert appeared telephonically on behalf of petitioner James Campbell, and Justain Riley

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appeared telephonically on behalf of respondents.

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Upon consideration of the petitioner’s status report and the parties’ comments

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during the hearing, a schedule was set for the filing of petitioner’s fourth amended petition and

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respondents’ response.

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Accordingly, IT IS HEREBY ORDERED that:

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1. On or before July 12, 2013, petitioner shall file and serve a fourth amended

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petition for a writ of habeas corpus which shall not contain any claims other than the five

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exhausted claims presented by petitioner to the state courts on direct appeal;

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2. Respondents’ response to the fourth amended petition shall be filed and served
on or before August 12, 2013;

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3. If the response is an answer, petitioner’s reply shall be filed and served within
thirty days after service of the answer on petitioner;

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4. If respondents’ response is a motion, the motion shall be noticed for hearing on

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the undersigned’s law and motion calendar with briefing by the parties as set forth in Local Rule

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230; and

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5. It is confirmed that the court has appointed counsel to represent petitioner for
all purposes in connection with this federal habeas proceeding.
DATED: May 10, 2013.

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DAD:4
camp114.oah

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