Bolden v. Ayers

Filing 45

ORDER REGARDING EXHAUSTION AND PROCEDURAL MATTERS re 44 Stipulation filed by Michael Martel. Signed by Judge Phyllis J. Hamilton on 5/31/13. (nah, COURT STAFF) (Filed on 5/31/2013)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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Clifford Stanley BOLDEN,
Petitioner,

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Case Number 4-9-cv-2365-PJH
DEATH-PENALTY CASE
ORDER REGARDING EXHAUSTION
AND PROCEDURAL MATTERS

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v.

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Kevin CHAPPELL,
Warden of San Quentin State Prison,

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Respondent.

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The parties have submitted a Joint Statement and Stipulations of the Parties Regarding

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Exhaustion of Claims and Procedural Matters. (Doc. No. 44.) In light of the parties’

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submission, and good cause therefor appearing, the Court finds and concludes as follows

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regarding claims in the finalized Petition, (Doc. No. 31).

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The following claims are exhausted: 1, 2, 3(B)(1)–(2)(c), 3(B)(3)–(6), 3(B)(7)(b), 4, 5,

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6(A), 6(B)(1)–(2), 6(B)(4), 6(C), 7, 10, 11, 12, 13, 14, 15, 16, 19(A)–(B), 19(K)–(L), 19(P)–(S),

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and 19(U).

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The following claims are unexhausted: 3(B)(2)(d), 3(B)(7)(a), 6(B)(3), 6(B)(5), 6(D), 8,

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9, 17 (to the extent that it relies on other claims or subclaims that are unexhausted), 18, 19(C),

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19(D–F) (Respondent waives exhaustion as to these subclaims only), 19(G)–(J), 19(M)–(O),

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19(T), and 19(V).
Case No. 4-9-cv-2365-PJH
ORDER REGARDING EXHAUSTION AND PROCEDURAL MATTERS
(DPSAGOK)

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The following claims are unexhausted and premature: 18, 19(M)–(N).

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In addition, the Court adopts the parties’ proposed schedule as follows.

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Within thirty days of the present Order, Respondent shall move to dismiss the mixed

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petition.

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Within thirty days of the filing of Respondent’s motion to dismiss, Petitioner shall file a

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combined response to Respondent’s motion and motion for a stay of the federal proceedings in

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order to present the unexhausted claims to the state court.

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Within fourteen days of the filing of Petitioner’s response and motion, Respondent shall
file a combined reply regarding the motion to dismiss and response to the motion for a stay.
Within fourteen days of the filing of Respondent’s reply and response, Petitioner shall
reply to the response to the motion for a stay.
Unless otherwise ordered, the Court will take the motions under submission upon receipt
of Petitioner’s reply or the expiration of time to file the reply.
IT IS SO ORDERED.

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DATED: May 31, 2013

__________________________________
PHYLLIS J. HAMILTON
United States District Judge

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Case No. 4-9-cv-2365-PJH
ORDER REGARDING EXHAUSTION AND PROCEDURAL MATTERS
(DPSAGOK)