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Duane Holloway v. Michael Martel

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 10, 2011

DUANE HOLLOWAY,
PETITIONER,
v.
MICHAEL MARTEL, WARDEN OF SAN QUENTIN STATE PRISON
RESPONDENT.

DEATH PENALTY CASE ORDER SCHEDULING FURTHER ) PROCEEDINGS REGARDING RESPONDENT'S MOTION FOR SUMMARY JUDGMENT

On August 2, 2010, this Court stayed proceedings on Respondent's pending motion for summary judgment, which seeks the dismissal of various claims based on procedural bars. In its August 2, 2010 Order, the Court stayed briefing pending the issuance of the United States Supreme Court's decision in Walker v. Martin, ___ S.Ct. ___, 2011 WL 611627 (February 23, 2011). In addition, the Court directed the parties to file a joint status report within 14 days after a decision in Martin is rendered.

Pursuant to that Order, the parties have filed a Joint Status Statement Regarding Respondent's Motion for Summary Judgment, which proposes a schedule for further briefing and hearing that is agreeable to both parties.

This Court adopts that proposed schedule. Petitioner's brief in opposition to Respondent's motion for summary judgment shall be filed on or before May 24, 2011. Respondent's reply shall be filed on or before June 23, 2011. The hearing on Respondent's motion shall be held on July 13, 2011 at 10 a.m. Dated: March 10, 2011.

20110310

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