Huggins
Huggins v. Martel
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
MICHAEL JAMES HUGGINS, Case No. 06-07254 YGR
Petitioner,
ORDER REGARDING PROPOSED BRIEFING
vs. SCHEDULE
RON BROOMFIELD, Warden of San Quentin State Prison 10 Respondent. 11 Pursuant to the Court’s Order of January 15, 2021, the parties have submitted a proposed 12 briefing schedule to address petitioner’s remaining habeas claims following Alameda County Superior Court’s vacatur of his death sentence on December 15, 2020. (ECF Doc. No. 86) 15 Petitioner proposes that he file an amended petition by December 10, 2021. He asserts that 16 pursuant to Smith v. Williams, 871 F.3d 684 (9th Cir. 2017), the state court’s intervening judgment 17 triggers a renewed limitations period for any federal habeas claims arising from his convictions and sentences, and that the new limitations period expires on December 15, 2021. 20 In Smith, the Ninth Circuit held that an amended judgment of conviction is considered a new 21 judgment, starting a new one-year limitations period under 28 U.S.C. § 2244(d). Id. at 688; but see 22 Magwood v.…