Ervin v. Ayers

Filing 269

ORDER. Signed by Judge Lucy H. Koh on 3/16/2015. (lhklc3, COURT STAFF) (Filed on 3/16/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CURTIS LEE ERVIN,
Petitioner,
v.
RON DAVIS, Acting Warden,
California State Prison at San Quentin,

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Respondent.
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CASE NO. CV 00-1228 LHK
DEATH PENALTY CASE
ORDER

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This case was transferred from Judge Wilken to the undersigned Judge on January 7, 2015.

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Respondent’s motion for summary judgment, (ECF Doc. No. 213), and petitioner’s opposition and

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cross-motion for evidentiary hearing, (ECF Doc. No. 249), are pending before the Court. The parties’

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briefs address both the guilt and penalty phase claims of petitioner’s petition.

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In light of the appeal pending in Jones v. Chappell, 31 F. Supp. 3d 1050 (C.D. Cal. July 16,

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2014) (holding that inordinate delay in California’s death penalty system violates Eighth Amendment’s

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prohibition against cruel and unusual punishment), the Court shall defer ruling on petitioner’s penalty

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phase claims until after the Jones appeal is resolved.

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IT IS SO ORDERED.

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DATED: March 16, 2015
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LUCY H. KOH
UNITED STATES DISTRICT COURT