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)
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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 SETTING BRIEFING ON
PROCEDURAL DEFAULT ISSUES
RON DAVIS, Warden,
Respondent.
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The Court is in receipt of petitioner’s Limited Traverse to respondent’s Answer to
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petitioner’s Petition for Writ of Habeas Corpus. The Court notes that respondent raises
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allegations of procedural default in the Answer, which petitioner denies in the Traverse.
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Respondent is directed to file any motion based on procedural default defenses by
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January 22, 2015. Petitioner’s opposition to any such motion will be due by February 5, 2015,
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and the optional reply will be due no later than February 12, 2015.
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If respondent does not intend to file a motion based on procedural default defenses, he
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shall notify the Court in writing no later than January 12, 2015. A further scheduling order
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shall issue at that time.
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IT IS SO ORDERED.
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Dated: January 5 , 2015.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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