Price v. Ayers

Filing 226

SCHEDULING ORDER. Signed by Judge Phyllis J. Hamilton on 5/18/15. (napS, COURT STAFF) (Filed on 5/18/2015)

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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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The Court is in receipt of the parties’ joint statement submitted on April 9, 2015. The

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parties have identified 21 record-based claims that can proceed to briefing on the merits

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without a request for an evidentiary hearing. Petitioner identified fourteen claims that he

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believes warrant an evidentiary hearing and requested an opportunity to brief the basis for

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such a hearing. The Court will first address the record-based claims and will take up

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petitioner’s request to brief the need for an evidentiary hearing upon resolution of the

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record-based claims.

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In the interest of efficiency, and in order to avoid oversize briefs, the parties shall

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divide the claims into three groups (by grouping together, for example, claims that have the

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same factual predicates), and shall file three rounds of briefing, with each brief addressing

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no more than seven claims.

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Accordingly, by July 24, 2015, petitioner shall file his initial opening brief. The

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response is due on or before August 24, 2015. The optional reply is due within fifteen days

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of the date of service of the response. The parties are requested to observe a 30-page

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limit for their briefs. A schedule for the second round of merits-based briefing will issue

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upon resolution of the first round of briefed claims.

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IT IS SO ORDERED.

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Dated: May 18, 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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