Maury v. Martel

Filing 30

ORDER signed by Magistrate Judge Dale A. Drozd on 12/10/2012 ORDERING that by 3/13/2013, respondent shall file a status report advising the court of his progress on the preparation of his answer. By 5/13/2013, respondent shall file an answer. By 11/ 13/2013, petitioner shall file a reply. By 12/13/2013, respondent shall file a status report to advise the court whether he intends to file a sur-reply. If he does, the sur-reply shall be filed by 2/13/2014. If he does not, the court will schedule a status conference at that time. By 1/13/2013, petitioner's counsel shall file under seal a proposed budget for their time anticipated to be expended from 10/25/2012 through the filing of the reply. The case management conference set for 12/13/2012 is VACATED. Counsel's requests to appear telephonically at that status conference are DISMISSED AS MOOT. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT EDWARD MAURY,

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Petitioner,

No. CIV S-12-1043 WBS DAD

vs.

DEATH PENALTY CASE

WARDEN, San Quentin State
Prison

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Respondent.

ORDER
/

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The parties have submitted a joint case management statement in which the reflect

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their agreement upon dates for the filing of the answer, reply, and any sur-reply in this action.

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(Dkt. No. 27.) The court finds these proposed dates to be reasonable. Accordingly, and good

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cause appearing, IT IS HEREBY ordered as follows:

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1. By March 13, 2013, respondent shall file a status report advising the court of
his progress on the preparation of his answer.
2. By May 13, 2013, respondent shall file an answer. In addition to meeting the

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requirements of Rule 5, Rules Governing Section 2254 Cases, respondent shall include in the

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answer points and authorities addressing: (a) any allegations that petitioner’s claims are not

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exhausted, and (b) the application of 28 U.S.C. § 2254(d) to each of petitioner’s claims.
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3. By November 13, 2013, petitioner shall file a reply.

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4. By December 13, 2013, respondent shall file a status report to advise the court

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whether he intends to file a sur-reply. If he does, the sur-reply shall be filed by February 13,

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2014. If he does not, the court will schedule a status conference at that time.

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5. By January 13, 2013, petitioner’s counsel shall file under seal a proposed

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budget for their time anticipated to be expended from October 25, 2012 through the filing of the

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reply.

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6. The case management conference set for December 13, 2012 is vacated.
Counsel’s requests to appear telephonically at that status conference are dismissed as moot.

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(Dkt. Nos. 26 and 28.)

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DATED: December 10, 2012.

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dad1.capital

maury cmc2.or2

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