Ramos v. Ayers

Filing 25

ORDER Regarding Procedural Matters Related to the Mixed Finalized Petition. Signed by Judge Susan Illston on 7/21/14. (tfS, COURT STAFF) (Filed on 7/22/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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WILLIAM J. RAMOS, JR.,

CAPITAL CASE

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Petitioner, Case No. C 05-3752 SI
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v.

[PROPOSED] ORDER REGARDING
PROCEDURAL MATTERS RELATED
TO THE MIXED FINALIZED PETITION
(DOC. 23)

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KEVIN CHAPPELL, Warden of California
State Prison at San Quentin,

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Respondent.
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Based on the stipulation of the parties, the Corut adopts their proposed schedule for
resolving procedural matters related to the mixed finalized petition (Doc. 23).
1. Respondent shall file a motion to dismiss the mixed petition on or before August 29,

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2014. See O’Bremski v. Maass, 915 F.2d 418, 420 (9th Cir. 1990); see also Rose v. Lundy, 455

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U.S. 509, 522 (1982) (holding that for reasons of comity and federalism, district courts may not

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adjudicate mixed petitions).

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2. On or before September 29, 2014, petitioner shall file his response and his motion for a

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stay so that he may present his unexhausted claims to the state court. See Rhines v. Weber, 544

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U.S. 269, 273-78 (2005)(affirming the authority of district courts to stay, rather than dismiss,
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[Proposed] Order (C 05-3752 SI)

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mixed petitions governed by AEDPA deadlines); see also Kelly v. Small, 315 F.3d 1063 (9th Cir.

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2002).

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3. On or before October 14, 2014, respondent shall file any reply to the response to the
motion to dismiss and his response to the motion for a stay.
4. On or before October 31, 2014, petitioner shall file any reply to the response to the
motion for a stay.

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5. The above motions will be decided on the pleadings.

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IT IS SO ORDERED

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7/21/14
Dated: ___________________________

__________________________
SUSAN ILLSTON
United States District Judge

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[Proposed] Order (C 05-3752 SI)