Smith v. Martel

Filing 8

ORDER SCHEDULING CASE MANAGEMENT CONFERENCE. Within forty-five days from the date of this Order, the parties shall meet and confer to prepare, and shall file, a joint case-management statement and proposed order. In the statement, the parties shall discuss their preliminary views of anticipated proceedings in the present action. The statement shall include a proposed schedule for briefing any motion for equitable tolling of the statute of limitations, and proposed schedules for briefing any o ther motions that must be addressed prior to the filing of a finalized petition in the event that equitable tolling is granted. Unless otherwise ordered, such motions will be decided on the papers. Signed by Judge Edward J. Davila on 1/23/12. (ecg, COURT STAFF) (Filed on 1/25/2012)

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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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Robert Lee SMITH, JR.,
Petitioner,

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Case Number CV 11-3062 EJD

v.

DEATH-PENALTY CASE
ORDER SCHEDULING CASE
MANAGEMENT CONFERENCE

Michael MARTEL,
Acting Warden of San Quentin State Prison,

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Respondent.

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On September 28, 2011, the Court appointed counsel for Petitioner in this capital habeas

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action. Good cause appearing therefor, the Court enters this initial Case-Management Order.

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Habeas L.R. 2254-26.

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Within forty-five days from the date of this Order, the parties shall meet and confer to

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prepare, and shall file, a joint case-management statement and proposed order. In the statement,

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the parties shall discuss their preliminary views of anticipated proceedings in the present action.

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The statement shall include a proposed schedule for briefing any motion for equitable tolling of

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the statute of limitations, and proposed schedules for briefing any other motions that must be

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addressed prior to the filing of a finalized petition in the event that equitable tolling is granted.

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Unless otherwise ordered, such motions will be decided on the papers.

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IT IS SO ORDERED.

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DATED: ___1/23/12_____

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EDWARD J. DAVILA
United States District Judge