Stevens v. Ayers

Filing 101

ORDER REGARDING REQUEST FOR REPLY. Signed by Judge William Alsup on 1/27/15. (dt, COURT STAFF) (Filed on 1/27/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CHARLES STEVENS,

DEATH PENALTY CASE

v.

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No. C 09-0137 WHA

Petitioner,

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For the Northern District of California

United States District Court

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ORDER REGARDING REQUEST
FOR REPLY

RON DAVIS, Warden, San Quentin
State Prison

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Respondent.
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A question has arisen whether Attorney Bryan may file a reply to the brief of Attorney

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Rifkin on the issue of whether petitioner may dismiss certain claims from his petition for writ of

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habeas corpus. So far, a reply has not been authorized and a request for one will not be

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considered until after Attorney Rifkin’s brief is filed this Wednesday, January 28.
The proper way to request the filing of a reply that is not automatically provided for is to

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do so by written motion. Any such motion is due by Friday, January 30 at noon. The motion

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will be limited to three pages, double-spaced. Footnotes and attachments will not be

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considered. If a reply is granted, it will be limited to the legal issue addressed in Attorney

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Rifkin’s brief.

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//

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Furthermore, all parties are reminded that they were in agreement at the December 3

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hearing at San Quentin that petitioner was and is competent to waive the claims at issue. The

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Court has already made a formal finding on this issue at Docket No. 83, p. 2.

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The Court intends to issue a ruling on this matter promptly.

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IT IS SO ORDERED.

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Dated: January 27 , 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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