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Herbert James Coddington v. Death Penalty Case Vince

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


April 19, 2011

HERBERT JAMES CODDINGTON, PETITIONER,
v.
DEATH PENALTY CASE VINCE CULLEN, ACTING WARDEN, RESPONDENT.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Presently pending is petitioner's motion for discovery, part of which was filed under seal. Docs. 107, 110. Respondent timely filed an opposition and a hearing was held before the undersigned on March 24, 2011. Appearing for petitioner was Jennifer Mann and Bruce Cohen.*fn1 Appearing for respondent was Christina Simpson and Eric Christoffersen.

On April 4, 2011, the Supreme Court decided Cullen v. Pinholster,131 S.Ct. 1388, 2011 WL 1225705 (2011), that relates to the instant case. Within 14 days, both parties shall file simultaneous briefing regarding Cullen and its application to the discovery requests. The parties should address all issues that were raised in the instant discovery motion including the juror claim.

On April 14, 2011, the parties filed a stipulation regarding respondent's discovery requests and a proposed protective order. The court will reserve judgment on the stipulation and proposed protective order until the above briefing has been filed.

Accordingly, IT IS HEREBY ORDERED that within 14 days, both parties shall file simultaneous briefing regarding Cullen.

Gregory G. Hollows


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