Riel v. Woodford
Filing
506
ORDER signed by Magistrate Judge Dale A. Drozd on 11/16/2011 ORDERING that within 60 days, petitioner shall file a memorandum of points and authorities addressing the satisfaction of 28 U.S.C. §2254(d) with respect to claims 2, 5, 6, 9, and 36 of the first amended petition; respondent shall file an opposition within 45 days of petitioner's brief; petitioner may file a reply within 30 days thereafter; after receipt of these briefs, the court will schedule oral argument.(Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CHARLES D. RIEL,
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Petitioner,
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No. CIV S-01-0507 LKK DAD
vs.
DEATH PENALTY CASE
WARDEN, San Quentin
State Prison,
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Respondent.
ORDER
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/
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On November 16, 2011, the undersigned heard argument regarding the effects of
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the decision in Cullen v. Pinholster, ___ U.S. ___, 131 S. Ct. 1388 (2011) on these proceedings.
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Attorneys Tivon Schardl and Robert Bacon appeared for petitioner. Deputy Attorney Generals
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Tami Krenzin and Heather Gimle appeared for respondent.
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Given the recent decisions in Pinholster and Harrington v. Richter, ___ U.S. ___,
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131 S. Ct. 770 (2011), the parties agreed at the hearing that it would be appropriate at this time
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for them to brief the satisfaction of 28 U.S.C. §2254(d) with respect to the claims which are the
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subject of the evidentiary hearing ordered in 2008 and for claim 36, the subject of petitioner’s
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March 14, 2011 motion to expand the record. See Doc. Nos. 204, 212, and 470.
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Accordingly, and good cause appearing, IT IS HEREBY ORDERED as follows:
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1. Within sixty days of the filed date of this order, petitioner shall file a
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memorandum of points and authorities addressing the satisfaction of 28 U.S.C. §2254(d) with
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respect to claims 2, 5, 6, 9, and 36 of the first amended petition. Respondent shall file an
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opposition within forty-five days of the filing date of petitioner’s brief. Petitioner may file a
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reply within thirty days thereafter.
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2. Each memorandum shall be complete in and of itself and shall not incorporate
by reference prior briefing.
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3. After receipt of these briefs, the court will schedule oral argument.
DATED: November 16, 2011.
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riel 2254 brfs.or
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