Carpenter v. Brown, et al

Filing 253

ORDER SCHEDULING BRIEFING FOR GROUP 5 CLAIMS. Respondent shall file his opening brief within 120 days of the date of this Order. Petitioner shall file his response within 90 days after the opening brief is filed. Respondent shall file any reply brief within 30 days after Petitioners response is filed. Signed by Judge Maxine M. Chesney on 6/7/18. (mmcalc, COURT STAFF) (Filed on 6/7/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVID J. CARPENTER, Petitioner, 8 9 v. 10 11 United States District Court Northern District of California Case No. 98-cv-02444-MMC RON DAVIS, Warden of California State Prison at San Quentin, 12 Respondent. ORDER SCHEDULING BRIEFING FOR GROUP 5 CLAIMS Re: Dkt. No. 252 DEATH PENALTY CASE 13 14 The Court having read and considered the parties’ “Consolidated Statement Re Group 5 15 Scheduling,” petitioner’s request to postpone briefing for the Group 5 claims in the above-titled 16 case until after the parties have briefed the Group 5 claims in related Case No. 00-cv-3706 is 17 hereby DENIED. Petitioner has not shown such postponement is necessary or that it would 18 benefit the Court’s analysis of the claims in the above-titled case, as each case involves a different 19 jury and distinct instances of alleged juror misconduct. 20 21 The Court hereby adopts the parties’ proposed briefing schedule (see Consolidated Statement, filed May 25, 2018 at 4): 22 1. Respondent shall file his opening brief within 120 days of the date of this Order; 23 2. Petitioner shall file his response within 90 days after the opening brief is filed; 24 3. Respondent shall file any reply brief within 30 days after Petitioner’s response is filed. 25 26 27 28 IT IS SO ORDERED. DATED: June 7, 2018 ________________________________ MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE

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