Brown v. Walker

Filing 33

ORDER SETTING BRIEFING SCHEDULE AND EVIDENTIARY HEARING; VACATING CASE MANAGEMENT CONFERENCE. Signed by Judge Jeffrey S. White on 3/5/13. (jjoS, COURT STAFF) (Filed on 3/5/2013) Modified on 3/5/2013 (jjoS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DARRYL W. BROWN,

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For the Northern District of California

United States District Court

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Petitioner,

No. C 09-04663 JSW

v.
JAMES WALKER, Warden,

ORDER SETTING BRIEFING
SCHEDULE AND EVIDENTIARY
HEARING AND VACATING
CASE MANAGEMENT
CONFERENCE

Respondent.

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The Court HEREBY SETS the briefing schedule for an evidentiary hearing concerning:

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(1) the nature and extent of the putative conflict between Petitioner and his trial attorney; and

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(2) whether that putative conflict deprived Petitioner of the representation he was guaranteed by

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the Sixth Amendment.

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Petitioner shall file his supplemental brief within 45 days; Respondent shall file his

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supplemental brief within 30 days thereafter; Petitioner may file a reply brief within 15 days

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thereafter. At the conclusion of briefing, the parties shall submit a stipulation setting out a

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hearing date, available on this Court’s calendar, for the evidentiary hearing.

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The Court VACATES the case management conference set for March 8, 2013.

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IT IS SO ORDERED.

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Dated: March 5, 2013
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JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE