Trujillo v. Grounds

Filing 24

ORDER FOR BRIEFING ON ISSUE OF EQUITABLE TOLLING. Signed by Judge Claudia Wilken on 5/31/2012. (ndr, COURT STAFF) (Filed on 5/31/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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AMADO REYES TRUJILLO,

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Petitioner,

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No. C 11-1908 CW
ORDER FOR BRIEFING
ON ISSUE OF
EQUITABLE TOLLING

v.
RANDY GROUNDS, Warden,
Respondent.
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United States District Court
For the Northern District of California

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On March 14, 2012, the Court issued an order denying

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Respondent's motion to dismiss and granting Petitioner's motion

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for appointment of counsel on the issue of whether equitable

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tolling applies in this case.

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found that Petitioner had alleged sufficient facts to carry his

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burden of showing that he may be entitled to equitable tolling of

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the statute of limitations, but that the evidentiary record

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required further development before the issue could be decided.

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The Court noted that the evidentiary record could be developed

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through discovery (pursuant to Habeas Rule 6), expansion of the

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record (pursuant to Habeas Rule 7), or an evidentiary hearing

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(pursuant to Habeas Rule 8).

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In the March 14 Order, the Court

On May 1, 2012, attorney Mark Rendon Vermeulen was appointed

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to represent Petitioner for the limited purpose of expanding the

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evidentiary record on the issue of equitable tolling and briefing

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on equitable tolling.

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determine how to proceed on this matter.

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the date of this order, they shall file a joint statement

The parties shall meet and confer to
Within three weeks from

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outlining how the record should be expanded and timetables for

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accomplishing the expansion of the record and for briefing on the

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issue of equitable tolling.

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IT IS SO ORDERED.

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Dated:

5/31/2012

CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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