Opinion
No. CIV S-07-0555 MCE GGH P.
August 14, 2007
ORDER
On July 19, 2007, the parties filed a joint scheduling statement. After reviewing the statement, the court makes the following ORDERS:
1. On or before September 18, 2007, petitioner shall file either a) a statement indicating that he will stand on the existing petition and supplemental points and authorities or a statement identifying the exhausted and unexhausted claims contained in the existing petition, b) an amended petition containing exhausted claims only, or c) an amended petition containing unexhausted and unexhausted claims;
2. If petitioner elects to proceed on exhausted claims only, he shall file on or before September 18, 2007, any requests for discovery or an evidentiary hearing; if petitioner seeks leave to exhaust additional claims, he shall file on or before September 18, 2007, briefing addressing the relevant standards set forth inRhines v. Weber, 544 U.S. 269, 125 S.Ct. 1528 (2005);
3. Within thirty days of September 18, 2007, respondent shall file a response to either the original petition and supplemental points and authorities or amended petition; petitioner may file a reply within thirty days thereafter.