Dykes

Dykes v. Ayers

Good Law
United States District Court, Northern District of CaliforniaMay 21, 20203:11-cv-04454California679 words

Opinion

trial_court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ERNEST EDWARD DYKES, Case No. 11-cv-04454-SI

8 Petitioner,

ORDER

9 v.

10 RONALD DAVIS, Warden of California DEATH PENALTY CASE State Prison at San Quentin, 11 Respondent. 12

13 Before the Court is Petitioner’s “Motion to Withdraw Claims Two Through Eight of the 14 Petition; Notice of Exception to Denial of Discovery; Notice of Request for Judgment on Claim 15 One; [and] Request for Certificate of Appealability” (Docket No. 92). On February 20, 2020, the 16 Court entered an Order (Docket No. 90) denying Petitioner’s First Motion for Discovery. The Court 17 next entered an Order (Docket No. 91) directing the parties to jointly confer and, on or before April 18 17, 2020, propose a schedule for further litigation in this matter. In lieu of the conference and 19 scheduling proposal directed by the Court’s Order, Petitioner has filed the instant motion in which 20 he, in pertinent part, requests that the Court withdraw, without prejudice, claims two through eight 21 of his habeas petition, enter judgment against him on…

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