(HC) Daniel Frazer v. McDowell

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA DANIEL FRAZER, Case No. 1:20-cv-01092-DAD-SAB-HC 11 Petitioner, ORDER FOR SUPPLEMENTAL BRIEFING 12 v. NEIL MCDOWELL, 14 Respondent.

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

18 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.

24 Accordingly, IT IS HEREBY ORDERED that: 1. Respondent shall file a supplemental brief addressing Petitioner’s arguments regarding 26 Carpenter1 within THIRTY (30) days of the date of service of this order; and Any procedural arguments by Respondent regarding this claim should be made in the brief, but must also address l 2. Petitioner may file a response to Respondent’s brief within THIRTY (30) days of the date 2 of service of Respondent’s brief.

4 IT IS SO ORDERED. FA. ee | Dated: June 29, 2021 UNITED STATES MAGISTRATE JUDGE