Walker v. Martel

Filing 248

ORDER Modifying 247 Order re Briefing Schedule for Remaining Claims. Signed by Judge Phyllis J. Hamilton on 1/27/2017. (pjhlc3, COURT STAFF) (Filed on 1/27/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARVIN PETE WALKER,

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Plaintiff,

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v.

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RON DAVIS, et al.

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Defendants.

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United States District Court
Northern District of California

Case No. 94-cv-01997-PJH
ORDER MODIFYING JUNE 10, 2016
ORDER RE BRIEFING SCHEDULE
FOR REMAINING CLAIMS
Re: Dkt. No. 247

On June 10, 2016, the Court adopted the parties' proposed briefing schedule for Petitioner's

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penalty phase claims. ECF Doc. No. 247. The Court now MODIFIES the June 10, 2016 Order

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as follows:
(1) On or before March 17, 2017, Petitioner must file his Opening Brief regarding

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(A) his claim for ineffective assistance of counsel at the penalty phase, claims 2A,

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2E, and 2F1;

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(B) those procedurally defaulted claims for which Petitioner contends that cause

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and prejudice due to ineffective assistance of counsel should excuse the procedural default,

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claims 16, 19B(e), 19B(f), 19B(aa), and 19B(cc); and
(C) all remaining claims, which the court determines are claims 212 and 22.

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(2) On or before May 15, 2017, Respondent must file an Opposition.

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The court acknowledges Petitioner’s consistent and continuing objection to any and all division
of his claims into "sub-claims" by the State and this Court. See ECF Doc. No. 156 at 10-11 (citing
Harris v. Wood, 64 F.3d 1432, 1438 (9th Cir. 1995) ("[P]rejudice may result from the cumulative
impact of multiple deficiencies.") The reference to sub-parts of claims above does not waive that
objection and is provided solely for ease of reference.
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The claim 21 argument in ECF Doc. No. 236 shall be treated as Petitioner's Opening Brief for
that claim. Petitioner may not re-argue claim 21 in his next Opening Brief, but may address any
argument by Respondent in his Reply brief.

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(3) On or before June 30, 2017, Petitioner must file a Reply.

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The Court has already disposed of claim 2D (see ECF Doc. No. 245) and will not entertain

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any more briefing on that claim. The portion of the June 10, 2016 Order relating to claim 2D is

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therefore VACATED.

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IT IS SO ORDERED.

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Dated: January 27, 2017

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HON. PHYLLIS J. HAMILTON
United States District Judge

United States District Court
Northern District of California

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