Vargas v. Knowles

Filing 237

ORDER REOPENING CASE; SETTING CASE MANAGEMENT CONFERENCE re 236 Proposed Joint Request for Status Hearing and Proposed Order. Joint Case Management Statement due by 1/29/2015. Case Management Conference set for 2/5/2015 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 12/4/2014. (ecg, COURT STAFF) (Filed on 12/4/2014)

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NO

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DERED
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DIFIED
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UNIT
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KAMALA D. HARRIS
Attorney General of California
PEGGY S. RUFFRA
Supervising Deputy Attorney General
GREGORY A. OTT
Deputy Attorney General
State Bar No. 160803
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Respondent

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S DISTRICT
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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C 03-2930 EJD

EDDIE VARGAS, SR.,

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Petitioner, JOINT REQUEST FOR STATUS HEARING

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v.

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MIKE KNOWLES, Warden,
Respondent.

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Pursuant to the Clerk’s Notice of July 29, 2014 (Doc. 233), Petitioner and Respondent,
jointly through counsel, submit the following:
1.

Proceedings in this matter have been delayed due to the need for Petitioner to exhaust

his State Court remedies.
2.

On July 29, 2014 this Court ordered the Clerk to administratively close the file,

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pending a decision from the California Supreme Court on petitioner’s unexhausted claims. This

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Court ordered the parties to file a joint notice within ten days of the Court’s decision on

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Petitioner’s claims requesting that the matter be reopened and that a Case Management

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conference be scheduled.

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Joint Request for Status Conference (C 03-2930 EJD)

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3.

On November 12, 2014, the California Supreme Court DENIED petitioner’s claims.

A copy of that Notice is attached hereto as Exhibit 1.
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Therefore, pursuant to the Court’s July 29 order, the parties respectfully request that

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this mater be reopened, and that a Status Conference be scheduled. In addition, counsel for

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Respondent, Mr. Gregory Ott, respectfully requests permission to appear by telephone for the

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status conference hearing.

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Dated: December 3, 2014.

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
PEGGY S. RUFFRA
Supervising Deputy Attorney General

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GREGORY A. OTT
Deputy Attorney General
Attorneys for Respondent

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PETER A. LEEMING
Attorney for Petitioner

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SF2004FH0255
Document in ProLaw

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Joint Request for Status Conference (C 03-2930 EJD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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C 03-2930 EJD

EDDIE VARGAS, SR.,

Petitioner, [PROPOSED] ORDER AS MODIFIED
CCCCCCCC

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v.
MIKE KNOWLES, Warden,
Respondent.

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Pursuant to the parties’ joint request, it is hereby Ordered that the above matter is

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REOPENED and that a Case Management Conference is set for February 5, 2015 at

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10:00 AM. The parties shall file a joint case management conference statement on or before
January 29, 2015.

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12/4/2014
Dated: ________________

________________________
Hon. Edward J. Davila
United States District Judge

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Joint Request for Status Conference (C 03-2930 EJD)