Fiore v. Neven

Filing 17

ORDER RE SCHEDULE. Status Report due by 1/27/2017. Signed by Judge Vince Chhabria on 7/26/2016. (knmS, COURT STAFF) (Filed on 7/26/2016)

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KAMALA D. HARRIS
Attorney General of California
PEGGY S. RUFFRA
Supervising Deputy Attorney General
State Bar No. 117315
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Respondent

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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BRIAN FIORE,

16-cv-00282-VC

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Petitioner, RESPONDENT’S CASE MANAGEMENT
STATEMENT

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v.

AND ORDER

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DWIGHT NEVEN, Warden,

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Respondent.

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Pursuant to Civil L.R. 16-9, respondent submits this Case Management Statement. 1 We

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respectfully ask this Court to issue an order with the following directives: (1) grant petitioner’s

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request to hold the federal habeas petition in abeyance pending exhaustion in state court; (2) order

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petitioner to notify the Court within 30 days after exhaustion is complete; and (3) order

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respondent to file a response within 60 days after that notification.

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In addition, because there is no dispute about the appropriate next steps, the parties are in
agreement that no appearance at a Case Management Conference on July 26, 2016, is necessary.
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Petitioner filed a Case Management Statement on July 15, 2016, before the case was
assigned to a Deputy Attorney General, as the deputy who had handled this case in state court has
retired. The undersigned Supervising Deputy Attorney General has now been assigned to
represent respondent in this case.
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Respondent’s Case Management Statement (16-cv-00282-VC)

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On January 18, 2016, petitioner filed a timely federal habeas petition and an application to

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hold the petition in abeyance pending exhaustion of two issues in state court. Docs. 1, 2.

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Petitioner has already commenced the exhaustion process by filing a habeas petition in superior

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court on January 15, 2016. Doc. 2, Exh. A. Because the superior court petition tolls the statute,

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28 U.S.C. § 2244(d)(2), respondent does not oppose petitioner’s application to hold the mixed

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petition in abeyance pending exhaustion in state court.

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Once the exhaustion process is completed, petitioner should be required to notify the Court

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within 30 days of the filing of the final state court order disposing of his claims. Respondent

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should then be required to file a responsive pleading, in the form of either a motion to dismiss or

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an answer on the merits, within 60 days of the notification. Respondent believes this will provide

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the most expeditious way to provide the Court with briefing in this case.

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Dated: July 19, 2016

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California

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/s/PEGGY S. RUFFRA
PEGGY S. RUFFRA
Supervising Deputy Attorney General
Attorneys for Respondent

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SF2016400725
20876707.doc

**If the state court petition is not resolved within 6 months the parties must file a joint
status report. The status report is due no later than January 27, 2017. The Court otherwise

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adopts the proposed schedule and vacates the case management conference scheduled for

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July 26, 2016.

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Date: July 26, 2016

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Respondent’s Case Management Statement (16-cv-00282-VC)
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