Marlon Jessie Blacher v. L S McEwen

Filing 33

ORDER for Further Briefing. Respondent Shall File Supplemental Briefing by 2/25/2014. Signed by Judge Ronald M. Whyte on 2/3/14. (jgS, COURT STAFF) (Filed on 2/3/2014)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 MARLON JESSIE BLACHER, 12 13 14 15 Petitioner, vs. L.S. MCEWEN, Respondent. ) ) ) ) ) ) ) ) ) ) No. C 12-4775 RMW (PR) ORDER FOR FURTHER BRIEFING 16 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus 17 pursuant to 28 U.S.C. § 2254. The court ordered respondent to show cause why the petition 18 should not be granted. Respondent filed a motion to dismiss the petition as procedurally 19 defaulted. Petitioner has filed an opposition. Respondent has filed a reply, and petitioner has 20 filed an objection to his reply. 21 In light of Martinez v. Ryan, 132 S. Ct. 1309, 1318-21 (2012), and the Ninth Circuit’s 22 cases interpreting and applying Martinez, see, e.g., Van Nguyen v. Curry, 736 F.3d 1287 (9th 23 Cir. 2013), Detrich v. Ryan, No. 08-99001, 2013 WL 4712729 (9th Cir. 2013) (en banc), the 24 parties are directed to file supplemental briefing. 25 Specifically, within twenty-one days of the filing date of this order, respondent shall do 26 one of the following: (1) file a supplemental response to petitioner’s objections (doc. no. 28), 27 addressing the implication of Martinez to petitioner’s claim of excuse from procedural default; 28 Order for Further Briefing G:\PRO-SE\RMW\HC.12\Blacher775mtdprodefbrief.wpd 1 (2) withdraw his motion to dismiss and re-file a motion to dismiss; or (3) withdraw his motion to 2 dismiss and notify the court that he will answer the petition on the merits. 3 If respondent files a supplemental response to petitioner’s objections, petitioner shall 4 have fourteen days thereafter to file one final response. If respondent withdraws his motion to 5 dismiss and re-files a motion to dismiss, petitioner shall file his opposition within twenty-eight 6 days. 7 It is petitioner’s responsibility to prosecute this case. Petitioner is reminded that all 8 communications with the court must be served on respondent by mailing a true copy of the 9 document to respondent’s counsel. Petitioner must keep the court and all parties informed of any 10 change of address by filing a separate paper captioned “Notice of Change of Address.” He must 11 comply with the court’s orders in a timely fashion. Failure to do so may result in the dismissal 12 of this action for failure to prosecute. See Fed. R. Civ. P. 41(b). 13 14 IT IS SO ORDERED. DATED: RONALD M. WHYTE United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order for Further Briefing G:\PRO-SE\RMW\HC.12\Blacher775mtdprodefbrief.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MARLON JESSIE BLACHER, Case Number: CV12-04775 RMW Plaintiff, CERTIFICATE OF SERVICE v. L S MCEWEN et al, Defendant. / 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 February 3, 2014, 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. Marlon Jessie Blacher CDC G-50077 California State Prison Los Angeles County P O Box 8457 Lancaster, CA 93539-8457 Dated: February 3, 2014 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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