Stevens v. Ayers

Filing 94

ORDER SETTING BRIEFING ON PROCEDURAL DEFAULT ISSUES. Signed by Judge William Alsup on 1/5/15. (dt, COURT STAFF) (Filed on 1/5/2015)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
CHARLES STEVENS,

12
13
14

No. C 9-137 WHA

Petitioner,

11
For the Northern District of California

United States District Court

10

DEATH PENALTY CASE

v.

ORDER SETTING BRIEFING ON
PROCEDURAL DEFAULT ISSUES

RON DAVIS, Warden,
Respondent.
/

15
16

The Court is in receipt of petitioner’s Limited Traverse to respondent’s Answer to

17

petitioner’s Petition for Writ of Habeas Corpus. The Court notes that respondent raises

18

allegations of procedural default in the Answer, which petitioner denies in the Traverse.

19

Respondent is directed to file any motion based on procedural default defenses by

20

January 22, 2015. Petitioner’s opposition to any such motion will be due by February 5, 2015,

21

and the optional reply will be due no later than February 12, 2015.

22

If respondent does not intend to file a motion based on procedural default defenses, he

23

shall notify the Court in writing no later than January 12, 2015. A further scheduling order

24

shall issue at that time.

25

IT IS SO ORDERED.

26
27
28

Dated: January 5 , 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE