Orange v. Tilton et al

Filing 24

Order Directing respondent to file supplemental Answer; Setting Briefing Schedule - Supplemental Answer by Respondent due 5/8/2009 and Supplemental Traverse by Petitioner due 5/22/2009. Signed by Magistrate Judge Anthony J. Battaglia on 04/24/09. (bjb) (jrl).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Eugene Orange, v. Petitioner, ) ) ) ) ) ) ) ) ) Civil No.07cv0749 J (AJB) ORDER DIRECTING RESPONDENT TO FILE SUPPLEMENTAL ANSWER; SETTING BRIEFING SCHEDULE

James Tilton, Secretary, Respondent.

On November 26, 2008, Petitioner filed a First Amended Petition. In his First Amended Petition, he presents three claims. First, he argues that he received ineffective assistance of appellate counsel. (Am. Pet. at 51.) Second, Petitioner claims that the trial court erred when it denied Petitioner's motion to suppress evidence obtained in a warrantless search which violated his constitutional rights under the Fourth Amendment. (Id. at 16.) Third, he contends that the court erred in admitting the two notes violating his constitutional right to due process and constitutional right to confrontation. (Id. at 31.) On February 27, 2009, Respondent filed an Answer addressing only the first claim of ineffective assistance of appellate counsel. Therefore, the Court directs Respondent to file a Supplemental Answer to address // //

The Court cites the page numbers according to how they are numbered on the court's docket. 1
07cv749

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the remaining two claims. Respondent shall file a Supplemental Answer on or before May 8, 2009. Petitioner may file a Supplemental Traverse on or before May 22, 2009.

IT IS SO ORDERED.

DATED: April 24, 2009 Hon. Anthony J. Battaglia U.S. Magistrate Judge United States District Court

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