Campbell v. Grounds

Filing 62

ORDER REQUESTING FURTHER STATUS UPDATE IN SIXTY DAYS. Signed by Judge Beth Labson Freeman on 9/1/2015. (blflc1, COURT STAFF) (Filed on 9/1/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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DESHAWN LEE CAMPBELL,

Case No. 12-cv-06089-BLF

Petitioner,
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v.

ORDER REQUESTING FURTHER
STATUS UPDATE IN SIXTY DAYS

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RANDY GROUNDS,
Respondent.

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United States District Court
Northern District of California

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Following completion of the briefing in this habeas case and submission of the petition for

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disposition, Petitioner DeShawn Lee Campbell obtained an order from this Court permitting him

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to conduct discovery. The appropriate scope of the discovery permitted by that order currently is

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being litigated before Magistrate Judge Grewal. On August 20, 2015, the Court issued an order

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requesting a status update as to the ripeness of the habeas petition for disposition in light of the

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pending discovery matters.

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Having reviewed the status update submitted on August 31, 2015, the Court concludes that

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a decision on the merits of the petition at this time would be premature given the ongoing

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discovery and Petitioner’s expressed intention of seeking leave to amend the petition to add a

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claim of actual innocence if Petitioner concludes that such a claim would be supported by new

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evidence. The Court therefore requests that the parties file a further status update in sixty days

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informing the Court whether discovery has been completed and, if so, whether Petitioner intends

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to file a motion for leave to amend the petition.

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IT IS SO ORDERED.

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Dated: September 1, 2015
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BETH LABSON FREEMAN
United States District Judge