Gonzalez v. Schwarzenegger et al

Filing 11

REQUEST FOR SUPPLEMENTAL BRIEFING. Signed by Judge Ronald M. Whyte on July 3, 2012. (rmwlc2, COURT STAFF) (Filed on 7/3/2012)

1
2
3
4

E-FILED on

7/3/12

5
6
7
IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10
United States District Court
For the Northern District of California

8

SAN JOSE DIVISION

11
12

SERGIO PEREZ GONZALEZ,

13
14
15

No. C-08-03916 RMW

Petitioner,
REQUEST FOR SUPPLEMENTAL
BRIEFING

v.
BEN CURRY, Warden et al.,

Re Docket No. 5, 8, 9, 10
16

Respondent.

17
18
19
20
21
22
23
24

Under California law, a state habeas petition that has been denied by a lower court remains
"pending" for the purposes of statutory tolling under AEDPA if the petitioner files a new petition in
a higher court within a reasonable time. See Carey v. Saffold, 536 U.S. 214, 219-20 (2002). Where
there is a delay of more than 30-60 days, a petitioner must offer an adequate explanation for the
delay. See Noble v. Adams, 676 F.3d 1180, 1184 (9th Cir. 2012). Given the lack of information in
petitioner's brief concerning the 116-day delay between the denial of his Superior Court petition and
the filing of his petition in the California Court of Appeal, the court requests that petitioner submit a

25
supplemental brief offering evidence, if any, that his delay was reasonable.
26
If petitioner wishes to submit supplemental briefing on this issue, he must do so by August 2,
27
28

2012. Petitioner's brief is limited to 5 pages in length. If respondent wishes to file a responsive

REQUEST FOR SUPPLEMENTAL BRIEFING—No. C-08-03916 RMW
LMP

1

brief, it must do so by August 16, 2012. Any responsive brief is also limited to 5 pages in length.

2

Petitioner may not file a reply brief.

3

It is so ordered.

4
5
6

DATED:

07/03/12
RONALD M. WHYTE
United States District Judge

7
8
9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
REQUEST FOR SUPPLEMENTAL BRIEFING—No. C-08-03916 RMW
LMP
2