UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
September 23, 2011
RAMON BOJORQUEZ SALCIDO,
MICHAEL MARTEL, WARDEN OF CALIFORNIA STATE PRISON AT SAN QUENTIN,
The opinion of the court was delivered by: Honorable Maxine M. Chesney United States District Court
DEATH PENALTY CASE [PROPOSED] CASE MANAGEMENT ORDER
Having read and considered the parties' Joint Case Management Statement, and heard the parties' arguments at the September 23, 2011 Case Management Conference, the Court hereby ORDERS as follows:
I. Lodging of the Record
Respondent shall comply with Habeas Corpus Local Rule 2254-27 within 31 days from the date of the conference, or by October 24, 2011. In addition to lodging a paper copy of these records with the Court, Respondent will provide Petitioner's counsel and the Court with an electronic copy of these records.
II. Briefing Schedule on Motion for Equitable Tolling
As set forth in the Joint Case Management Statement, Petitioner's motion for equitable tolling will be filed by October 14, 2011, Respondent's opposition by November 14, 2011, and Petitioner's reply by November 28, 2011. Unless taken under submission, the Court will hear the motion on December 16, 2011, at 9:00 a.m.
III. Amendment, Answer, and Traverse
If Petitioner files an exhaustion petition in the California Supreme Court and if this Court grants a stay during the pendency of the state court proceedings, Petitioner shall issuance of the Supreme Court's decision on the exhaustion petition. will file an amended petition within 45 days of lifting of the stay in this Court.
Respondent will then file an answer to the petition within 45 days, and Petitioner will have another 45 days to file a traverse. Should this Court not grant a stay, Respondent will have 45 days from the issuance of the denial of the stay motion in which to file an answer, and Petitioner 45 days for a traverse.
IT IS SO ORDERED.
Presented By: SEAN K. KENNEDY Federal Public Defender By: Marta VanLandingham MARTA VANLANDINGHAM MICHAEL D. WEINSTEIN Deputy Federal Public Defenders Attorneys for Petitioner RAMON SALCIDO
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