Redman v. Asuncion
Filing
26
ORDER signed by Magistrate Judge Gregory G. Hollows on 12/24/2016 ORDERING petitioner must file an amended petition within 90 days; respondent must file a response within 60 days thereafter; petitioner must file any reply or opposition, within 30 days of service of respondent's responsive pleading. If petitioner chooses to move for discovery and/or an evidentiary hearing petitioner must do so within 30 days after an answer is ultimately filed. (Yin, K)(Yin, K)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
EUGENE G. REDMAN,,
12
Petitioner,
13
14
No. 2:16-cv-1662 JAM GGH P
v.
ORDER
DEBBIE ASUNCION,
15
Respondent.
16
17
A joint scheduling statement in this matter was filed on December 20, 2016, pursuant to
18
the court’s order filed August 5, 2016.1 After reviewing the joint statement, the court issues the
19
following ORDERS:
1. Petitioner indicates that all claims appear to be exhausted. Therefore, an amended
20
21
petition must be filed and served within 90 days along with any memorandum of points and
22
authorities; respondent must file an answer or dispositive motion within 60 days thereafter;
23
petitioner must file any reply or opposition, as appropriate, within 30 days of service of
24
respondent’s responsive pleading; if respondent filed a motion, respondent will have 30 days after
25
service of an opposition to file a reply.
2. If petitioner chooses to move for discovery and/or and an evidentiary hearing,
26
27
28
1
Three extensions of time for filing the statement were granted by orders filed on September 2,
2016, October 12, 2016, and December 8, 2016.
1
1
petitioner must do so within 30 days after an answer is ultimately filed. However, petitioner should
2
be guided in this matter by Cullen v. Pinholster, 131 S.Ct. 1388 (2011), which precludes discovery
3
or an evidentiary hearing unless the court first finds the legal conclusions or the fact finding
4
process AEDPA unreasonable. See Runningeagle v. Ryan, 686 F.3d 758, 773-74 (9th Cir. 2012).
5
Any motion for discovery/evidentiary hearing must seek an initial AEDPA finding on the law or
6
the facts.
7
Dated: December 24, 2016
8
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
9
10
11
12
GGH:076/Redm1662.hab.pst
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?