Carpenter v. Brown, et al

Filing 171

ORDER GRANTING 170 ADMINISTRATIVE RELIEF. Signed by Judge Maxine M. Chesney on June 13, 2014.(mmcsec, COURT STAFF) (Filed on 6/13/2014)

Download PDF
1 MICHAEL M. CRAIN State Bar No. 45083 2 P. O. Box 3730 Santa Monica, California 90408 3 Telephone 310-571-3324 Fax 310-494-0750 4 E-mail: 5 ROBERT D. BACON State Bar No. 73297 6 484 Lake Park Avenue, PMB 110 Oakland, California 94610 7 Telephone 510-834-6219 Fax 510-444-6861 8 E-mail: 9 Attorneys for Petitioner Carpenter 10 11 UNITED STATES DISTRICT COURT FOR THE 12 FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO 13 ) ) ) Petitioner, ) ) vs. ) ) KEVIN CHAPPELL, Warden ) of San Quentin State Prison, ) ) Respondent. ) ___________________________________ ) 14 DAVID J. CARPENTER, 15 16 17 18 19 No. 3:00-cv-03706-MMC DEATH PENALTY CASE STIPULATION FOR ADMINISTRATIVE RELIEF and PROPOSED ORDER [To Exceed Page Limitation] [Civil L.R. 7-11] 20 21 Counsel for Petitioner and Respondent hereby stipulate that Petitioner may file an opposition 22 of up to 35 pages to Respondent’s pending Motion for Reconsideration (Doc. 169). The opposition is 23 due August 11, 2014, and counsel anticipate that it will be filed on that date. 24 The Court authorized 35 pages for Petitioner’s opposition to the very similar motion in Mr. 25 Carpenter’s other habeas case, No. 3:98-cv-02444-MMC. 26 As in No. 98-2444, Petitioner’s counsel will require additional pages for two reasons: First, to 27 address aspects of the procedural default doctrine that are independent of, and not addressed by, Walker 28 v. Martin, 131 S.Ct. 1120 (2011). Second, to address the issues of procedural default on a claim-byStipulation for Admin Relief No. 3:00-cv-03706-MMC 1 1 claim basis. Many of the claims respondent seeks to dismiss include allegations presented to the 2 California Supreme Court in the second state habeas petition and also allegations presented to the 3 California Supreme Court on earlier occasions. Petitioner’s counsel intends to argue that principles of 4 procedural default, if they apply at all, may apply to a portion of a claim in the federal petition without 5 applying to the entirety of the claim. Petitioner’s counsel intends to address each claim separately in 6 this manner. 7 Should respondent require a reasonable number of additional pages for his reply after reviewing 8 petitioner’s opposition, petitioner’s counsel will not object at that time. 9 Respectfully submitted June 13, 2014. 10 /s/ Michael M. Crain MICHAEL M. CRAIN 11 12 13 /s/ Robert D. Bacon ROBERT D. BACON 14 Attorneys for Petitioner David J. Carpenter 15 /s/ Stephanie C. Brenan STEPHANIE C. BRENAN Deputy Attorney General [consent to sign obtained June 9, 2014] 16 17 19 /s/ James William Bilderback II JAMES WILLIAM BILDERBACK II Supervising Deputy Attorney General [consent to sign obtained June 13, 2014] 20 Attorneys for Respondent 18 21 ORDER 22 23 Good cause appearing, and pursuant to stipulation, IT IS SO ORDERED. Petitioner may file 24 an opposition of up to 35 pages to the pending Motion for Reconsideration. 25 26 June ___, 2014 13 27 ____________________________________________ MAXINE M. CHESNEY United States District Judge 28 Stipulation for Admin Relief No. 3:00-cv-03706-MMC 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?