Price v. Ayers

Filing 224

SCHEDULING ORDER. Signed by Judge Phyllis J. Hamilton on 4/8/15. (napS, COURT STAFF) (Filed on 4/8/2015)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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CURTIS FLOYD PRICE,
No. C 93-277 PJH

Petitioner,
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For the Northern District of California

United States District Court

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Death Penalty Case

vs.
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SCHEDULING ORDER
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RON DAVIS, Acting Warden of San
Quentin State Prison

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Respondent.
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On November 24, 2014, the Court directed the parties to:

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1.

Meet and confer to identify which claims they agree may be resolved based

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on the record before the Court. Within fifteen (15) days of meeting and conferring, the

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parties shall file a joint statement outlining a litigation schedule for briefing the merits of

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record-based claims.
2.

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If the parties determine that none of the claims are record-based, the parties

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will set forth a schedule for addressing why the Supreme Court of California’s denial of

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petitioner’s claims was “contrary to, or involved an unreasonable application of, clearly

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established Federal law, as determined by the Supreme Court of the United States” or

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“resulted in a decision that was based on an unreasonable determination of the facts in

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light of the evidence presented in the State Court proceedings.” 28 U.S.C. § 2254(d).

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That order did not set a deadline for submission of the litigation schedule and the

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parties have yet to submit a proposed schedule. The parties are hereby ORDERED to

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submit their proposed litigation schedule within 30 days of the filing date of this order and in

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accordance with the dictates of the November 24, 2014 order. If the parties fail to comply

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with this order, the court will impose a litigation schedule without the input of the parties.

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IT IS SO ORDERED.
Dated: April 8, 2015.
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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