Robinson v. Frakes

Filing 26

ORDER FOR ADDITIONAL BRIEFING signed by Magistrate Judge Karen L Strombom. Respondent shall file and serve brief on Petitioner's third claim and that portion of Petitioner's fifth claim on or before December 5, 2011. Upon receipt of brief, the Clerk will note the matter up for consideration on the fourth Friday after the brief is filed. (MET) cc: Petitioner

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 GREGORY S. ROBINSON, No. C11-5302 RJB/KLS Petitioner, 9 ORDER FOR ADDITIONAL BRIEFING v. 10 11 SCOTT FRAKES, Respondent. 12 13 This case was re-referred to United States Magistrate Karen L. Strombom. ECF No. 25. 14 Pursuant to the District Court’s Order, claim three and a portion of claim five (that trial counsel 15 was ineffective for failing to object to admission of the video evidence into the jury room) of the 16 habeas petition shall be considered on the merits. Accordingly, the parties shall submit briefing 17 18 on these issues only. 19 Accordingly, it is ORDERED as follows: 20 1. Respondent shall file and serve his brief on Petitioner’s third claim and that 21 portion of Petitioner’s fifth claim relating to the ineffectiveness of trial counsel (failure to object 22 to admission of the video evidence into the jury room) on or before December 5, 2011. 23 2. Upon receipt of Respondents’ brief, the Clerk will note the matter for 24 consideration on the fourth Friday after the brief is filed. Petitioner may file and serve a 25 26 response to Respondents’ brief not later than on the Monday immediately preceding the Friday ORDER DIRECTING ADDITIONAL BRIEFING § 2254 PETITION - 1 1 appointed for consideration of the matter, and Respondents may file and serve a reply brief not 2 later than the Friday designated for consideration of the matter. 3 4 5 6 7 DATED this 19th day of October, 2011. A Karen L. Strombom United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER DIRECTING ADDITIONAL BRIEFING § 2254 PETITION - 2

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