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)

1 MICHAEL M. CRAIN
State Bar No. 45083
2 P. O. Box 3730
Santa Monica, California 90408
3 Telephone [phone]
Fax [phone]
4 E-mail: [e-mail]
5 ROBERT D. BACON
State Bar No. 73297
6 484 Lake Park Avenue, PMB 110
Oakland, California 94610
7 Telephone [phone]
Fax [phone]
8 E-mail: [e-mail]
9 Attorneys for Petitioner Carpenter
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UNITED STATES DISTRICT COURT FOR THE

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FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO

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)
)
)
Petitioner,
)
)
vs.
)
)
KEVIN CHAPPELL, Warden
)
of San Quentin State Prison,
)
)
Respondent.
)
___________________________________ )

14 DAVID J. CARPENTER,
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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]

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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.
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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.
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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

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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.
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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.
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Respectfully submitted June 13, 2014.

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/s/ Michael M. Crain
MICHAEL M. CRAIN

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/s/ Robert D. Bacon
ROBERT D. BACON

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Attorneys for Petitioner David J. Carpenter

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/s/ Stephanie C. Brenan
STEPHANIE C. BRENAN
Deputy Attorney General
[consent to sign obtained June 9, 2014]

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/s/ James William Bilderback II
JAMES WILLIAM BILDERBACK II
Supervising Deputy Attorney General
[consent to sign obtained June 13, 2014]

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Attorneys for Respondent

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ORDER

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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.
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26 June ___, 2014
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____________________________________________
MAXINE M. CHESNEY
United States District Judge

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Stipulation for Admin Relief

No. 3:00-cv-03706-MMC

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