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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MARLON JESSIE BLACHER,

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Petitioner,
vs.
L.S. MCEWEN,
Respondent.

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No. C 12-4775 RMW (PR)
ORDER FOR FURTHER BRIEFING

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Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus
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pursuant to 28 U.S.C. § 2254. The court ordered respondent to show cause why the petition
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should not be granted. Respondent filed a motion to dismiss the petition as procedurally
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defaulted. Petitioner has filed an opposition. Respondent has filed a reply, and petitioner has
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filed an objection to his reply.
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In light of Martinez v. Ryan, 132 S. Ct. 1309, 1318-21 (2012), and the Ninth Circuit’s
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cases interpreting and applying Martinez, see, e.g., Van Nguyen v. Curry, 736 F.3d 1287 (9th
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Cir. 2013), Detrich v. Ryan, No. 08-99001, 2013 WL 4712729 (9th Cir. 2013) (en banc), the
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parties are directed to file supplemental briefing.
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Specifically, within twenty-one days of the filing date of this order, respondent shall do
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one of the following: (1) file a supplemental response to petitioner’s objections (doc. no. 28),
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addressing the implication of Martinez to petitioner’s claim of excuse from procedural default;
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Order for Further Briefing
G:\PRO-SE\RMW\HC.12\Blacher775mtdprodefbrief.wpd

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(2) withdraw his motion to dismiss and re-file a motion to dismiss; or (3) withdraw his motion to

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dismiss and notify the court that he will answer the petition on the merits.

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If respondent files a supplemental response to petitioner’s objections, petitioner shall

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have fourteen days thereafter to file one final response. If respondent withdraws his motion to

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dismiss and re-files a motion to dismiss, petitioner shall file his opposition within twenty-eight

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days.

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It is petitioner’s responsibility to prosecute this case. Petitioner is reminded that all

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communications with the court must be served on respondent by mailing a true copy of the

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document to respondent’s counsel. Petitioner must keep the court and all parties informed of any

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change of address by filing a separate paper captioned “Notice of Change of Address.” He must

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comply with the court’s orders in a timely fashion. Failure to do so may result in the dismissal

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of this action for failure to prosecute. See Fed. R. Civ. P. 41(b).

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IT IS SO ORDERED.
DATED:
RONALD M. WHYTE
United States District Judge

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Order for Further Briefing
G:\PRO-SE\RMW\HC.12\Blacher775mtdprodefbrief.wpd

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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.

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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 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