Campbell v. Henry

Filing 96

ORDER DIRECTING BRIEFING. Signed by Judge Charles R. Breyer on 3/3/2015. (crblc1, COURT STAFF) (Filed on 3/3/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 06-02225 CRB

VALERIE E. CAMPBELL,

ORDER DIRECTING BRIEFING

Petitioner,
v.
GLORIA HENRY,

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Respondent.

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This habeas case was filed in 2006, and the Court would like to get on with it.

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Petitioner Valerie Campbell concedes in her Traverse that “most of the claims she

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filed are procedurally barred,” but argues that claims 3, 5, 7 and 20 should be excused under

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Martinez v. Ryan, 132 S.Ct. 1309 (2012). Traverse (dkt. 94) at 1, 6-9. Presumably she also

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wishes to pursue claims 22 and 23, which the government challenges on grounds other than

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procedural default, and claim 25, which the government did not address in its Answer.

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See Answer (dkt. 53) at 14-18 (arguing that Court should deny claims 22 and 23 on the

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merits). Petitioner asks for an evidentiary hearing on the subject of procedural default.

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Traverse at 9. The government argues that Martinez does not apply1 and that Petitioner has

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not demonstrated that she is entitled to a hearing. See generally Response at 3-6, 7. In the

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The government acknowledges, however, that parts of claim 3 are not procedurally barred.
Response (dkt. 95) at 6-7.

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interest of judicial efficiency, the Court will not resolve the procedural default question at

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this time (nor hold an evidentiary hearing on the matter).

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Assuming without deciding that Martinez would excuse Petitioner’s default on claims

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3, 5, 7 and 20, the Court directs the parties to address the merits of those claims, as well as

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claims 22, 23 and 25. The government’s brief is due within sixty (60) days of this Order, and

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Petitioner’s response is due thirty (30) days after that.

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IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: March 3, 2015

United States District Court
For the Northern District of California

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G:\CRBALL\2006\2225\order re briefing.wpd

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