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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