Opinion
1:20-cv-01092-DAD-SAB-HC
06-29-2021
DANIEL FRAZER, Petitioner, v. NEIL MCDOWELL, Respondent.
ORDER FOR SUPPLEMENTAL BRIEFING
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
On April 21, 2021, the undersigned issued findings and recommendations recommending the petition be denied. (ECF No. 17). On June 24, 2021, the assigned district judge referred the matter back to the undersigned for amended findings and recommendations addressing Petitioner's arguments with respect to Carpenter v. United States, 138 S.Ct. 2206 (2018). (ECF No. 19). The Court finds that supplemental briefing on the issue would assist the Court in this matter.
Accordingly, IT IS HEREBY ORDERED that:
1. Respondent shall file a supplemental brief addressing Petitioner's arguments regarding Carpenter within THIRTY (30) days of the date of service of this order; and
2. Petitioner may file a response to Respondent's brief within THIRTY (30) days of the date of service of Respondent's brief.
Any procedural arguments by Respondent regarding this claim should be made in the brief, but must also address the merits of the claim.
IT IS SO ORDERED.