GEREN v. CATE

Full title: RANDY JAMES GEREN, Petitioner, v. MATTHEW CATE, Secretary, California…

Court: United States District Court, E.D. California

Date published: Aug 10, 2011

No. 2:05-cv-01344-JKS-GGH (E.D. Cal. Aug. 10, 2011)

Opinion

RANDY JAMES GEREN, Petitioner, v. MATTHEW CATE, ¹ Secretary, California Department of Corrections and Rehabilitation, Respondent. No. 2:05-cv-01344-JKS-GGH United States District Court, E.D. California. August 10, 2011

          ORDER

         [Re: Supplemental Briefing]

          JAMES K. SINGLETON, Jr., District Judge.

         Petitioner Randy James Geren, a state prisoner appearing through counsel, has pending before this Court a Petition for Habeas Corpus Relief under 28 U.S.C. § 2254. In his Petition, Geren contends that he was denied the effective assistance of counsel. This Court previously ordered the matter stayed and held in abeyance pending Geren's exhaustion of his state-court remedies.² The record reflects that Geren filed a petition for habeas relief in the state courts raising his unexhausted claims. The Butte County Superior Court, after holding an evidentiary hearing, denied Geren's petition for habeas relief. The California Supreme Court summarily denied Geren's subsequent petition to that court, Case No. S188595, on July 13, 2011.³ The proceedings in the state courts are now concluded.

2 Docket No. 42.

3 http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=1963376 &doc_no=S188595

         While this matter has been pending, in addition to the decision of the Butte County Superior Court, the United States Supreme Court handed down two decisions having an impact on the outcome in this case: Knowles v. Mirzayance ⁴ and Harrington v. Richter. ⁵ Accordingly, this Court has determined that Supplemental Briefing in this case addressing the decision of the Butte County Superior Court in light of Mirzayance and Richter is appropriate.

4 556 U.S. ___, 129 S.Ct. 1411 (2009).

5 562 U.S. ___, 131 S.Ct. 770 (2011).

         IT IS THEREFORE ORDERED THAT, except that any application for the payment of fees incurred by counsel for Geren, which shall remain referred to the magistrate Judge, the reference of this matter to the Magistrate Judge herein is hereby WITHDRAWN.

         IT IS FURTHER ORDERED THAT the stay entered herein at Docket No. 42 is hereby VACATED.

         IT IS FURTHER ORDERED THAT:

         1. Within 21 days of service of this Order, Petitioner must serve and file a supplemental brief, not to exceed 25 pages in length, addressing the matters as set forth above;

         2. Respondent's Brief, not to exceed 25 pages in length, must be filed not later than 21 days after service of Petitioner's Brief; and

         3. Petitioner may file a reply brief, not exceeding 15 pages in length, not later than 14 days after service of Respondent's Brief.

         The Clerk of the Court is directed to reopen this case.