-CKD (HC)(DP) Steele v. Woodford, No. 2:2003cv00143 - Document 193 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr., on 11/30/11 ORDERING that the portion of the 11/10/10 order adopting the Magistrate Judge's findings and recommendations on procedural default is VACATED. This case is REFERRED back to the Magistrate Judge for further consideration and findings and recommendations. (Kastilahn, A)
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-CKD (HC)(DP) Steele v. Woodford Doc. 193 1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 RAYMOND EDWARD STEELE, Petitioner, 9 v. 10 11 12 13 JOHN STOKES, Acting Warden of California State Prison at San Quentin, Respondent. ________________________________ ) ) ) ) ) ) ) ) ) ) ) ) 2:03-cv-00143-GEB-CKD ORDER* 14 15 Respondent filed a motion to reconsider “this Court’s November 16 10, 201[0] order (Doc. 164) adopting the findings and recommendations of 17 the Magistrate Judge regarding the adequacy of California’s procedural 18 defaults imposed against petitioner in this case.” (Mot. 1:8-10.) In his 19 opposition brief, Petitioner states: there “seems to be appropriate 20 grounds for referring the matter back to the Magistrate Judge for 21 supplemental briefing in light of the new Supreme Court case[, Walker v. 22 Martin, 562 U.S. ----, 131 S.Ct. 1120 (2011)]. If the Court construes 23 respondent’s motion as a request to refer the matter back to the 24 Magistrate Judge, petitioner does not oppose the request.” (Opp’n 2:12- 25 15.) In light of Petitioner’s statement and the recent Supreme 26 27 28 * argument. This matter is deemed suitable for decision without oral E.D. Cal. R. 230(g). 1 Dockets.Justia.com 1 Court decision, the portion of the November 10, 2010 order adopting the 2 Magistrate Judge’s findings and recommendations on “procedural default” 3 is vacated. (ECF No. 164 2:3-4; ECF No. 151 5:16-34:20.) This case is 4 referred back to the Magistrate Judge for further consideration and 5 findings and recommendations on the “procedural default” issue, in light 6 of Walker. 7 Dated: November 30, 2011 8 9 10 GARLAND E. BURRELL, JR. United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2