Inocencio v. Hedgpeth et al

Filing 26

ORDER FOR BRIEFING RE: TIMELINESS OF PETITION. Signed by Judge Hamilton on 4/5/12. (pjhlc3, COURT STAFF) (Filed on 4/5/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HENRY PAUL INOCENCIO,

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For the Northern District of California

United States District Court

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Petitioner,
v.

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ORDER FOR BRIEFING RE
TIMELINESS OF PETITION

ANTHONY HEDGPATH, Warden,

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No. C 10-2334 PJH

Respondent.
_______________________________/

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Petitioner Henry Paul Inocencio (“Inocencio”), a California prisoner, filed a federal

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habeas petition on May 27, 2010. On November 8, 2010, the state filed a motion to

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dismiss Inocencio’s petition as mixed, containing both exhausted and unexhausted claims.

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Inocencio filed an opposition, the state filed a reply, and the motion was fully briefed on

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December 6, 2010. On September 27, 2011, the case was reassigned from the Honorable

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Jeremy Fogel to the undersigned judge, and on September 29, 2011, the court denied the

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state’s motion to dismiss and set a briefing schedule on the petition.

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On November 9, 2011, the state filed its answer. Inocencio’s traverse was due
December 9, 2011, but he failed to file one.
Having reviewed the state’s answer, the court notes that the state now moves to

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dismiss Inocencio’s petition on timeliness grounds as well, grounds that were not included

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in the state’s prior motion to dismiss. The court finds it necessary to adjudicate the

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timeliness issue prior to addressing the merits of Inocencio’s petition, and thus a response

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from Inocencio is warranted. Accordingly, Inocencio is ORDERED to file a response to the

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state’s request to dismiss the petition as untimely no later than Friday, April 27, 2012.

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The state may file a reply no later than Friday, May 11, 2012.

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IT IS SO ORDERED.
Dated: April 5, 2012

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________________________________
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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