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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EUGENE G. REDMAN,,

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Petitioner,

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No. 2:16-cv-1662 JAM GGH P

v.

ORDER

DEBBIE ASUNCION,

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Respondent.

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A joint scheduling statement in this matter was filed on December 20, 2016, pursuant to

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the court’s order filed August 5, 2016.1 After reviewing the joint statement, the court issues the

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following ORDERS:
1. Petitioner indicates that all claims appear to be exhausted. Therefore, an amended

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petition must be filed and served within 90 days along with any memorandum of points and

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authorities; respondent must file an answer or dispositive motion within 60 days thereafter;

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petitioner must file any reply or opposition, as appropriate, within 30 days of service of

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respondent’s responsive pleading; if respondent filed a motion, respondent will have 30 days after

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service of an opposition to file a reply.
2. If petitioner chooses to move for discovery and/or and an evidentiary hearing,

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Three extensions of time for filing the statement were granted by orders filed on September 2,
2016, October 12, 2016, and December 8, 2016.
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petitioner must do so within 30 days after an answer is ultimately filed. However, petitioner should

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be guided in this matter by Cullen v. Pinholster, 131 S.Ct. 1388 (2011), which precludes discovery

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or an evidentiary hearing unless the court first finds the legal conclusions or the fact finding

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process AEDPA unreasonable. See Runningeagle v. Ryan, 686 F.3d 758, 773-74 (9th Cir. 2012).

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Any motion for discovery/evidentiary hearing must seek an initial AEDPA finding on the law or

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the facts.

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Dated: December 24, 2016

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076/Redm1662.hab.pst

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