Hernandez v. Walker

Filing 65

ORDER Directing Respondent to File a Response to Petitioner's Motion for Discovery, Motion Seeking Assistance, and Motion for Evidentiary Hearing. Signed by Judge Ronald M. Whyte on 7/28/11. (jg, COURT STAFF) (Filed on 7/29/2011)

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*E-FILED - 7/29/11*

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ANTHONY PEREZ HERNANDEZ,

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Petitioner,
v.
JAMES WALKER, Warden,
Respondent.

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No. C 09-3457 RMW (PR)
ORDER DIRECTING
RESPONDENT TO FILE A
RESPONSE TO PETITIONER’S
MOTION FOR DISCOVERY,
MOTION SEEKING
ASSISTANCE, AND MOTION
FOR EVIDENTIARY HEARING

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Petitioner, a state prisoner proceeding pro se, has filed a writ of habeas corpus pursuant
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to 28 U.S.C. § 2254. Following an initial review of the petition, the court found petitioner’s
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claims cognizable and ordered respondent to show cause why the petition should not be granted.
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Currently pending before the court are petitioner’s motion for discovery, motion seeking
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assistance, and motion for an evidentiary hearing. Respondent is directed to file a response to
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petitioner’s motion for discovery, motion seeking assistance, and motion for evidentiary hearing,
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addressing the implications of the Supreme Court’s decision in Cullen v. Pinholster, 131 S. Ct.
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1388 (2011), within thirty days from the filing date of this order. (Docket Nos. 52, 56, 59.)
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Petitioner may file any reply fifteen days thereafter.
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IT IS SO ORDERED.
7/28/11
DATED: _______________
RONALD M. WHYTE
United States District Judge

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Order Directing Respondent to File a Response to Petitioner’s Motion for Discovery, Motion Seeking Assistance,
and Motion for Evidentiary Hearing
P:\PRO-SE\SJ.Rmw\HC.09\Hernandez457resp.wpd

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ANTHONY PEREZ HERNANDEZ,

Case Number: CV09-03457 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
JAMES WALKER et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on July 29, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

Anthony Perez Hernandez J-91728
California State Prison-Sacramento
C8-115
P.O. Box 290066
Represa, CA 95671-0066
Dated: July 29, 2011
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk