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David Allen Rundle v. Warden

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


May 20, 2011

DAVID ALLEN RUNDLE, PETITIONER,
v.
WARDEN, SAN QUENTIN STATE PRISON, RESPONDENT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

DEATH PENALTY CASE

ORDER

The undersigned held a status conference on May 20, 2011.*fn1 Lynne Coffin and Marcia Morrissey appeared telephonically for petitioner. David Eldridge appeared telephonically for respondent. After hearing the arguments of counsel during both this status conference and the March 31 status conference, and good cause appearing, IT IS HEREBY ORDERED as follows:

1. By November 1, 2011, petitioner shall file a memorandum of points and authorities which addresses the applicable 28 U.S.C. §2254(d) standard(s) for each claim in the petition, including the impact of the Supreme Court's recent decision in Cullen v. Pinholster, 131 S. Ct. 1388 (2011), and it shall include any motion for an evidentiary hearing or to expand the record concerning any claim.

2. By January 16, 2012, respondent shall file an opposition. As discussed during the March 31 conference, that opposition shall include respondent's assertion that some claims are barred by the procedural default doctrine.

3. By February 16, 2012, petitioner shall file any reply.

4. The undersigned will schedule oral argument after submission of all briefs.

rundle mtn for evi brf.or


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