Ervin v. Ayers
Filing
269
ORDER. Signed by Judge Lucy H. Koh on 3/16/2015. (lhklc3, COURT STAFF) (Filed on 3/16/2015)
1
2
3
UNITED STATES DISTRICT COURT
4
NORTHERN DISTRICT OF CALIFORNIA
5
6
7
8
9
CURTIS LEE ERVIN,
Petitioner,
v.
RON DAVIS, Acting Warden,
California State Prison at San Quentin,
10
Respondent.
11
)
)
)
)
)
)
)
)
)
)
)
CASE NO. CV 00-1228 LHK
DEATH PENALTY CASE
ORDER
12
This case was transferred from Judge Wilken to the undersigned Judge on January 7, 2015.
13
Respondent’s motion for summary judgment, (ECF Doc. No. 213), and petitioner’s opposition and
14
cross-motion for evidentiary hearing, (ECF Doc. No. 249), are pending before the Court. The parties’
15
briefs address both the guilt and penalty phase claims of petitioner’s petition.
16
In light of the appeal pending in Jones v. Chappell, 31 F. Supp. 3d 1050 (C.D. Cal. July 16,
17
2014) (holding that inordinate delay in California’s death penalty system violates Eighth Amendment’s
18
prohibition against cruel and unusual punishment), the Court shall defer ruling on petitioner’s penalty
19
phase claims until after the Jones appeal is resolved.
20
IT IS SO ORDERED.
21
22
23
24
25
26
27
28
DATED: March 16, 2015
_____________________________________________
LUCY H. KOH
UNITED STATES DISTRICT COURT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?