Stevens v. Ayers

Filing 105

ORDER DENYING ATTORNEY BRYAN'S REQUEST FOR A REPLY by Judge William Alsup denying 104 Motion for Leave to File (dt, COURT STAFF) (Filed on 1/30/2015)

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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,

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No. C 9-137 WHA

Petitioner,

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For the Northern District of California

United States District Court

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DEATH PENALTY CASE

v.

ORDER DENYING ATTORNEY
BRYAN’S REQUEST FOR A REPLY

RON DAVIS, Warden, San Quentin
State Prison

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Respondent.
/

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Attorney Bryan has filed a request for the opportunity to reply to Attorney Rifkin’s brief

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supporting petitioner’s right to dismiss certain claims from the petition. The request is based on

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the fact that Attorney Rifkin’s brief raises “unusual contentions”, the lack of Ninth Circuit or

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Supreme Court precedent, and that the “complex arguments necessitate responses.”

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Each party has had an opportunity to file one brief on this issue, with Attorney Bryan’s

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being twice the length of the other parties. Someone must be allowed to have the last word. In

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this instance, it is fair to allow that party to be petitioner. Additionally, the reasons stated in the

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request for reply are exceedingly vague. Accordingly, the request is DENIED.

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IT IS SO ORDERED.

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Dated: January 30 , 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE