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Manuel Machado Alvarez v. Death Penalty Case Warden

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


October 7, 2011

MANUEL MACHADO ALVAREZ, PETITIONER,
v.
DEATH PENALTY CASE WARDEN, SAN QUENTIN STATE PRISON, RESPONDENT.

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

ORDER

On October 6, 2011, the undersigned held a status and scheduling conference. Jennifer Mann and Harry Simon appeared for petitioner. Laura Simpton appeared for respondent. After considering the parties' September 22, 2011 Joint Statement and the arguments of counsel, and good cause appearing, IT IS HEREBY ORDERED as follows:

1. Within 180 days of the filed date of this order, petitioner shall file a memorandum of points and authorities addressing the satisfaction of 28 U.S.C. § 2254(d) for each claim in the second amended petition.

2. Within 180 days of the filing date of petitioner's memorandum, respondent shall file an opposition. By addressing the merits of section 2254(d) first, respondent does not waive any procedural default defenses.

3. Within 90 days of the filing date of respondent's opposition, petitioner may file a reply.

4. Extensions of these filing deadlines will be granted only upon a showing of extraordinary circumstances.

5. After receipt of the briefs, the court will schedule argument, if necessary.

20111007

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