Dykes v. Ayers

Filing 74

ORDER LIFTING STAY 72 . (Illston, Susan) (Filed on 3/1/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
Northern District of California

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ERNEST EDWARD DYKES,
Petitioner,

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Case No.11-cv-04454-SI
ORDER LIFTING STAY

v.

Re: Dkt. No. 72
RON DAVIS, Warden of San Quentin State
Prison,
Respondent.

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Petitioner has filed a motion to lift the stay imposed on claim 1 of his petition. Although
petitioner previously requested this stay pending the resolution of a similar claim in another capital
case in this District, Ashmus v. Davis, C 93-594, he now would like to have this stay lifted in order
to avoid piecemeal litigation of his petition, especially in light of the fact that he intends to proceed
with discovery. Respondent agrees with petitioner’s request, but asks that the Court set due-dates
for the filing a traverse on claim 1 and for the filing of a discovery motion.
Accordingly, the Court rules as follows:
1) Petitioner’s request to lift the stay imposed on claim 1 is granted.
2) Within 30 days of the date of this Order, petitioner shall file a supplemental traverse
addressing claim 1, as well as a motion for discovery.

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3) Respondent shall file an opposition to the discovery motion within 30 days of the date
of service of the motion.
4) Petitioner shall file a reply within 15 days of the date of service of the opposition. A
hearing date shall be set if necessary.

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IT IS SO ORDERED.
Dated: March 1. 2019

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SUSAN ILLSTON
United States District Judge

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United States District Court
Northern District of California

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