Torres v. Virga

Filing 37

ORDER signed by Magistrate Judge Dale A. Drozd on 10/10/2013 ORDERING the status conference currently scheduled for 10/11/2013 is VACATED; petitioner shall file his traverse, or appropriate motion, and supplemental briefing, as outlined in this order, on or before 1/24/2014; respondent shall file a responsive brief on or before 2/24/2014; and petitioner shall file any reply brief on or before 3/10/2014. (Waggoner, D)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JUAN TORRES,

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Petitioner,

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No. 2:12-cv-1358 TLN DAD P

v.

ORDER

TIM VIRGA, Warden, et al.,

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Respondents.

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Petitioner is a state prisoner proceeding through counsel with an application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. By order dated September 3, 2013, this court

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appointed counsel for petitioner and set the matter for a status conference to set a briefing

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schedule regarding the applicability of the decision in Miller v. Alabama, ___ U.S. ___, 132 S.

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Ct. 2455, 2469 (2012) to this case, including briefing on the issue of whether the Miller decision

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applies retroactively to this federal habeas action. The parties were also advised that the court

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would vacate the status conference if counsel agreed to a briefing schedule in advance of the

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hearing.
After a request for continuance, the status conference was rescheduled for October 11,

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2013, at 10:00 a.m. in the courtroom of the undersigned. On October 10, 2013, the parties filed a

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stipulation and proposed order vacating the status conference and setting a briefing schedule.1

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Good cause appearing, the court will vacate the status conference and approve the briefing

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schedule proposed by the parties. In addition, the parties are also requested to address in their

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briefs the applicability of the recent decision in Bell v. Uribe, ___ F.3d ___, 2013 WL 4750069

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(9th Cir. Sept. 5, 2013) to the issues before the court.2

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Accordingly, IT IS ORDERED that:

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1. The status conference currently scheduled for October 11, 2013 is vacated;

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2. Petitioner shall file his traverse, or appropriate motion, and supplemental briefing, as

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outlined above, on or before January 24, 2014;

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3. Respondent shall file a responsive brief on or before February 24, 2014; and

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4. Petitioner shall file any reply brief on or before March 10, 2014.

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Dated: October 10, 2013

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DAD:8
Torres1358.o

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That stipulation and order reflected an incorrect case number. The parties are requested to
ensure that the correct case number: 2:12-cv-1358 TLN DAD P, is included on all subsequent
filings.
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The parties should take note that one of the petitioners in Bell has been granted an extension of
time to October 10, 2013 to file a petition for rehearing en banc and the mandate in that case has,
therefore, not yet issued. See Bell v. Uribe, Court of Appeals Docket No. 11-56771, ECF No. 65.
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