Huggins v. Martel
Filing
87
ORDER REGARDING PROPOSED BRIEFING SCHEDULE. Signed by Judge Yvonne Gonzalez Rogers on 5/4/2021. (fs, COURT STAFF) (Filed on 5/4/2021)
Case 4:06-cv-07254-YGR Document 87 Filed 05/04/21 Page 1 of 2
1
2
UNITED STATES DISTRICT COURT
3
NORTHERN DISTRICT OF CALIFORNIA
4
5
6
MICHAEL JAMES HUGGINS,
7
8
9
10
11
Northern District of California
United States District Court
12
Case No. 06-07254 YGR
Petitioner,
ORDER REGARDING PROPOSED BRIEFING
SCHEDULE
vs.
RON BROOMFIELD, Warden of San Quentin
State Prison
Respondent.
Pursuant to the Court’s Order of January 15, 2021, the parties have submitted a proposed
13
briefing schedule to address petitioner’s remaining habeas claims following Alameda County
14
Superior Court’s vacatur of his death sentence on December 15, 2020. (ECF Doc. No. 86)
15
Petitioner proposes that he file an amended petition by December 10, 2021. He asserts that
16
17
pursuant to Smith v. Williams, 871 F.3d 684 (9th Cir. 2017), the state court’s intervening judgment
18
triggers a renewed limitations period for any federal habeas claims arising from his convictions and
19
sentences, and that the new limitations period expires on December 15, 2021.
20
In Smith, the Ninth Circuit held that an amended judgment of conviction is considered a new
21
judgment, starting a new one-year limitations period under 28 U.S.C. § 2244(d). Id. at 688; but see
22
23
Magwood v. Patterson, 561 U.S. 320, 342 n. 16 (2010) (“several Courts of Appeals have held that a
24
petitioner who succeeds on a first habeas application and is resentenced may challenge only the
25
‘portion of a judgment that arose as a result of a previous successful action.’ Lang v. United States,
26
474 F.3d 348, 351-352 C.A.6 2007) (citing decisions); see also Walker, supra, at 455; Esposito v.
27
28
United States, 135 F.3d 111, 113-114 (C.A.2 1997)”).
Case 4:06-cv-07254-YGR Document 87 Filed 05/04/21 Page 2 of 2
1
Respondent disagrees with a December 10, 2021 deadline, contending that Smith does not
2
apply to petitioner’s case because Smith involved an initial petition rather than an amendment to a
3
pending petition, as is the case here. Respondent proposes that petitioner be granted 90 days to
4
amend his petition without prejudice to his right to request further extensions of time.
5
Because respondent agrees to the grant of an extension of time without prejudice to refiling,
6
7
the Court need not decide whether Alameda County Superior Court’s vacatur of petitioner’s death
8
sentence triggers a new statute of limitations under Smith. Accordingly, petitioner’s amended
9
petition is due within 90 days of the date of this Order. Petitioner may subsequently submit a
10
request for an additional extension of time if necessary.
11
Northern District of California
United States District Court
12
13
14
15
IT IS SO ORDERED.
Dated: May 4, 2021
____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?