-GGH (HC) Jones v. Runnels, et al, No. 2:2003cv01421 - Document 50 (E.D. Cal. 2011)

Court Description: ORDER signed by Magistrate Judge Gregory G. Hollows on 6/9/11 ORDERING that the court will now VACATE the pending 41 findings and recommendations and set this matter for HEARING on June 23, 2011, at 10:00 a.m. in Courtroom # 9.(Duong, D)
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-GGH (HC) Jones v. Runnels, et al Doc. 50 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONALD JONES, 11 Petitioner, 12 13 No. CIV S-03-1421 KJM GGH P vs. D.L. RUNNELS, Warden, et al., 14 ORDER Respondents. 15 / 16 Petitioner is proceeding with appointed counsel on this petition for writ of habeas 17 corpus pursuant to 28 U.S.C. § 2254. This court recommended denial of the petition in findings 18 and recommendations issued on May 4, 2011. Subsequently, the parties stipulated to expanding 19 the record to include appellant’s opening brief in the state appellate court on direct appeal. In 20 addition, petitioner’s objections appear to, at a minimum, re-focus an argument that should have 21 been raised fully before the undersigned, in response to which respondent has raised arguments 22 which could not have been considered in light of the parties’ prior filings. The court will now 23 VACATE the pending findings and recommendations (docket # 41) and set this matter for 24 HEARING on June 23, 2011, at 10:00 a.m. in Courtroom # 9. 25 \\\\\ 26 \\\\\ 1 Dockets.Justia.com 1 2 3 IT IS SO ORDERED. DATED: June 9, 2011 4 /s/ Gregory G. Hollows ____________________________________ GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 5 6 7 GGH:009 jone1421.vac 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2