Kennedy v. Chappell

Filing 52

ORDER signed by Magistrate Judge Kendall J. Newman on 5/13/2015 ORDERING that the parties agree the following claims in the petition filed here on 1/15/2015, are unexhausted and this court finds they are: Claim VI, subclaim (a); Claim VI, subclaim (b)(2); Claim VII, subclaim (a); Claim VII, subclaim (b)(1); Claim XI, subclaim (a); Claim XII; and Claim XIII. Within 45 days, petitioner shall file any motion for stay and abeyance of these proceedings pending exhaustion. Within 30 days of petitioner's filing, respondent shall file a response. Within 15 days thereafter, petitioner may file a reply.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRY NOBLE KENNEDY,

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Petitioner,

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No. 2:13-cv-02041 KJM KJN DP
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

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ORDER

Respondent.

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Pursuant to the court’s February 13, 2015 order, the parties filed a joint statement

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explaining the exhaustion status of the claims in the petition and proposing a briefing schedule for

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petitioner’s motion to stay/abey these proceedings pending exhaustion. Good cause appearing, IT

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IS HEREBY ORDERED as follows:

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1. The parties agree the following claims in the petition filed here on January 12, 2015,

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are unexhausted and this court finds they are: Claim VI, subclaim (a); Claim VI,

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subclaim (b)(2); Claim VII, subclaim (a); Claim VII, subclaim (b)(1); Claim XI,

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subclaim (a); Claim XII; and Claim XIII.
2. Within 45 days of the filed date of this order, petitioner shall file any motion for stay

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and abeyance of these proceedings pending exhaustion. Within 30 days of petitioner’s

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filing, respondent shall file a response. Within 15 days thereafter, petitioner may file a

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reply.

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Dated: May 13, 2015

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Kennedy exh id.or

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