Dykes v. Ayers

Filing 64

ORDER REGARDING PETITIONER'S REQUEST TO EXTEND TIME TO FILE JOINT STATEMENT 62 . (Illston, Susan) (Filed on 8/24/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ERNEST EDWARD DYKES,

Case No. 11-cv-04454-SI

Petitioner,
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v.

ORDER REGARDING PETITIONER’S
REQUEST TO EXTEND TIME TO FILE
JOINT STATEMENT

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RON DAVIS, Warden of California State
Prison at San Quentin,

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Respondent.

Re: Dkt. No. 62

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Petitioner has filed a second request to extend by 60 days the time to file a joint statement

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United States District Court
Northern District of California

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outlining a litigation schedule for the adjudication of his capital habeas petition. Petitioner asserts

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that he needs additional time so that he may pursue a proposed settlement of his case. Petitioner

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notes that he is awaiting third-party input relating to claim 1 of his petition, which alleges that the

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death penalty is disproportionate to his culpability.

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Respondent opposes petitioner’s request. He asserts that the resolution of the habeas

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petition has already been significantly delayed, that petitioner has declined to work with

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respondent on a joint statement and the nature of the settlement sought by petitioner is unclear.

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Respondent further notes that because resolution of claim 1 has been stayed by this Court, the

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parties may proceed to resolve the remainder of petitioner’s claims. Finally, respondent requests

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that if this Court were inclined to grant an extension, to do so only until September 10, 2018, as

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respondent’s counsel will be on leave from September 17 through October 15, 2018.

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Having reviewed the parties’ contentions, the Court grants an extension until September
10, 2018 for the filing of a joint statement. No further extensions are anticipated.
IT IS SO ORDERED.
Dated: August 24, 2018
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SUSAN ILLSTON
United States District Judge