IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 21, 2011
JOHN MICHAEL BEAMES,
MICHAEL MARTEL, ACTING WARDEN OF SAN QUENTIN STATE PRISON, RESPONDENT.
The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge
DEATH PENALTY CASE SCHEDULING ORDER REGARDING BRIEFING ON EXHAUSTION STATUS
Pursuant to the agreement of the parties, and for good cause shown, it is hereby ordered as follows:
Respondent Michael Martel ("the Warden") shall file his brief on the exhaustion status of claims other than Claim 11 on or before March 1, 2012;
Petitioner John Michael Beames ("Beames") shall file his brief on the exhaustion status of claims other than Claim 11 on or before April 1, 2012;
The Warden shall file a closing brief on or before May 1, 2012. The matter will then stand submitted for a ruling on exhaustion.
The Warden's request to file a motion to dismiss following the Court's ruling on the exhaustion status of the remaining claims in Beames' federal petition is denied. Beames shall notify the Court of his intention regarding the unexhausted claims (i.e., whether to seek stay and abeyance, withdraw the unexhausted claims, etc.) within thirty (30) days of the order on exhaustion.
The previously-ordered ninety (90) day deadline for Beames' Opening Brief on the merits of Claim 11 and responsive briefing on that claim only, see Document 43, shall be delayed until the sought action regarding the unexhausted claims is resolved.
IT IS SO ORDERED.
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