Torres v. Diaz

Filing 83

ORDER DIRECTING PARTIES TO FILE SUPPLEMENTAL BRIEFING. Signed by Judge Yvonne Gonzalez Rogers on 8/7/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 8/7/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JUAN MATIAS TORRES,
Petitioner,

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United States District Court
Northern District of California

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v.

Case No. 12-cv-06224-YGR (PR)
ORDER DIRECTING PARTIES TO
FILE SUPPLEMENTAL BRIEFING

RALPH M. DIAZ, Warden,
Respondent.
This is a habeas case under 28 U.S.C. § 2254 filed pro se by a state prisoner. Petitioner,

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who had been granted a stay and abeyance in 2015 to exhaust state judicial remedies, filed an

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amended petition raising the same three claims from his original petition as well as six additional

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new claims. Dkt. 59.

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On May 10, 2017, the Court granted Respondent’s motion to dismiss the six new claims

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(claims 6-9) as untimely under the one-year statute of limitations established by the Antiterrorism

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and Effective Death Penalty Act of 1996. Dkt. 74. The Court indicated that it would resolve the

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remaining timely claims (claims 1-3) in a separate written Order. Id. at 16.

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The Court now notes that Respondent’s Answer relating to claims 1-3 was filed prior to

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this matter being stayed in 2015. Thus, the Court will entertain supplemental briefing to allow for

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any necessary updates to the authorities cited and/or the supporting law in their previously-filed

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briefs relating to claims 1-3. Both parties shall file simultaneous briefs. Respondent may file a

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Supplemental Answer no later than twenty-eight (28) days from the date of this Order. Petitioner

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may also file a Supplemental Traverse no later than twenty-eight (28) days from the date of this

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Order. If no updates are necessary, the parties shall file a notice on or before the deadline

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indicating that the supplement is not necessary. The petition will be deemed submitted the day

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after the twenty-eight day deadline.

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IT IS SO ORDERED.
Dated: August 7, 2017

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YVONNE GONZALEZ ROGERS
United States District Judge

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United States District Court
Northern District of California

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