Pulido v. LaMark

Filing 43

ORDER SETTING BRIEFING SCHEDULE. Signed by Judge CLAUDIA WILKEN on 4/10/09. (scc, COURT STAFF) (Filed on 4/10/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Ninth Circuit recently remanded this case in light of the Supreme Court's decision in Hedgpeth v. Pulido, ___ U.S. ___, 129 S. Ct. 530 (2008). The Supreme Court held that a harmless error In light of the fact that the Court v. ANTHONY HEDGPETH, Respondent. / MICHAEL ROBERT PULIDO, Petitioner, No. C 99-4933 CW ORDER SETTING BRIEFING SCHEDULE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

standard governs this action.

has already conducted a harmless error analysis under Brecht v. Abrahamson, 507 U.S. 619 (1993), the Court is inclined to reinstate its decision of March 24, 2005 (Docket No. 20, available at 2005 WL 6142229). Within five days of the date of this order, Respondent shall file a brief of no more than five pages either identifying any binding case decided after March 24, 2005 that would require the Court to perform a new harmless error analysis, or stating that no such case exists. Within five days thereafter, Petitioner shall

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

file a response not exceeding five pages in length. IT IS SO ORDERED.

Dated: 4/10/09

CLAUDIA WILKEN United States District Judge

2

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PULIDO, Plaintiff, v. LAMARK, Defendant.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV99-04933 CW CERTIFICATE OF SERVICE

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on April 10, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

J. Bradley O'Connell First District Appellate Project 730 Harrison St Ste 201 San Francisco, CA 94107 Jeremy Friedlander Office of the Attorney General Department of Justice 455 Golden Gate Avenue Suite 11000 San Francisco, CA 94102-7004 Michael Robert Pulido J14978 CSP-CorcoranIV CA State Prison P O Box 3471 Corcoran, CA 93212-8310 Dated: April 10, 2009 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

3