White v. Schriro et al

Filing 226

ORDER That the hearing set for 7/21/11, is VACATED. FURTHER ORDERED that beginning 6/15/11, and every thirty days thereafter, Respondents shall file a status report updating the Court on when, or if, a competency restoration treatment plan will be proposed. FURTHER ORDERED granting 221 Motion to Seal. The Clerk of Court shall filed the lodged document (Doc. 218 ) under seal. Signed by Judge G Murray Snow on 6/6/11.(MAP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Michael Ray White,
Petitioner,

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v.

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Charles L. Ryan, et al.,

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Respondents.

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) No. CV 08-8139-PCT-GMS
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) DEATH PENALTY CASE
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) ORDER
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On May 16, 2011, the Court held a status conference in this matter. At the

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conference, counsel for Respondents indicated the existence of a conflict between the

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Arizona State Hospital and the Arizona Department of Corrections over responsibility for

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competency restoration treatment of Petitioner. Because of this conflict, the Court has yet

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to receive a proposed treatment plan. Accordingly, the Court will vacate the forcible

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medication hearing set for July 21, 2011, and direct Respondents to provide the Court with

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periodic status reports as to when, and if, they will have a proposed competency restoration

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treatment plan for Petitioner.

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Also before the Court is Respondents’ unopposed Motion to Seal Document. (Doc.

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221.) For the reasons set forth in the Court’s order of May 11, 2010, the Court finds good

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cause to file the lodged document under seal.

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Based on the foregoing,

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IT IS ORDERED that the hearing set for July 21, 2011, is VACATED.

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IT IS FURTHER ORDERED that beginning June 15, 2011, and every thirty days

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thereafter, Respondents shall file a status report updating the Court on when, or if, a

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competency restoration treatment plan will be proposed.

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IT IS FURTHER ORDERED that Respondents’ Motion to Seal Document (Doc.

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221) is GRANTED. The Clerk of Court shall filed the lodged document (Doc. 218) under

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seal.

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DATED this 6th day of June, 2011.

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