Torres v. Virga

Filing 40

ORDER signed by Magistrate Judge Dale A. Drozd on 01/27/14 ordering petitioner shall file his supplemental briefing, as outlined above, on or before 04/24/12. Respondent shall file a responsive brief on or before 05/27/14. Petitioner shall file an y reply brief on or before 6/10/14. Petitioner may serve a subpoena duces tecum commanding attorney Douglas A. Goss to produce and permit inspection and copying of his files relating to the defense of petitioner in San Joaquin County Superior Court in case No. SF103743B. (Plummer, M)

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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 October 10, 2013, this court

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established a schedule for the filing of briefs addressing the applicability of the decision in Miller

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v. Alabama, ___ U.S. ___, ___, 132 S. Ct. 2455, 2469 (2012) to this case, including briefing

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addressing the issue of whether the Miller decision applies retroactively in this federal habeas

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action. On January 17, 2014, petitioner’s counsel filed an unopposed request for an extension of

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that schedule. Also on January 17, 2014, petitioner’s counsel filed an unopposed request for

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authorization to issue a subpoena duces tecum commanding attorney Douglas A. Goss to produce

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and permit inspection and copying of his files relating to the defense of petitioner in San Joaquin

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County Superior Court in case No. SF103743B. Good cause appearing, both of these requests

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will be granted.

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Accordingly, IT IS ORDERED that:

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1. Petitioner shall file his supplemental briefing, as outlined above, on or before April 24,

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2012;

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2. Respondent shall file a responsive brief on or before May 27, 2014;

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3. Petitioner shall file any reply brief on or before June 10, 2014; and

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4. Petitioner may serve a subpoena duces tecum commanding attorney Douglas A. Goss

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to produce and permit inspection and copying of his files relating to the defense of petitioner in

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San Joaquin County Superior Court in case No. SF103743B.

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Dated: January 27, 2014

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DAD:8
Torres1358.ext

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