McPeters v. Brown, et al

Filing 301

ORDER (1) CONTINUING EVIDENTIARY HEARING, (2) MODIFYING SCHEDULE FOR PRE-HEARING EVENTS, and (3) DIRECTING PARTIES TO FILE STATUS REPORTS; Evidentiary Hearing currently set for 9/10/2015 is now set for 6/21/2016 at 09:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone, signed by District Judge Lawrence J. O'Neill on 6/11/2015. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RONALD AVERY McPETERS,

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DEATH PENALTY CASE

Petitioner,
v.

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Case No. 1:95-cv-05108-LJO-SAB

ORDER (1) CONTINUING EVIDENTIARY
HEARING, (2) MODIFYING SCHEDULE
FOR PRE-HEARING EVENTS, and (3)
DIRECTING PARTIES TO FILE STATUS
REPORTS

KEVIN CHAPPELL, Warden of California
State Prison at San Quentin,
Respondent.

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Continued Hearing:

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Date: July 21, 2016
Time: 9:00 a.m.
Courtroom: 9
Judge: Hon. Stanley A. Boone

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Before the Court is the parties’ June 5, 2015 joint status report (ECF No. 299), which

22 relates to the filing of a June 5, 2015 state habeas petition alleging as Claim One that Petitioner is
23 ineligible for the death penalty under Ford v. Wainwright, 477 U.S. 399 (1986). The state
24 petition also alleges as Claims Two and Three entitlement to relief for false evidence under
25 California Penal Code § 1473(e)(1).
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The Court has reviewed the joint statement and its attachments and the record in this

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For good cause shown, it is HEREBY ORDERED that:

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The January 16, 2015 scheduling order for continued evidentiary hearing (ECF

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No. 292), as modified (ECF Nos. 294, 296), is further modified as follows:

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a.

The evidentiary hearing set for September 10, 2015 at 9:00 a.m. in

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Department 9 is CONTINUED to June 21, 2016 at 9:00 a.m. in

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Department 9;
b.

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The deadline for the parties to provide Rule 26(a)(2) expert testimony and

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reports, and lay witness lists, and to request Petitioner’s attendance at

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hearing is CONTINUED from June 26, 2015 to March 31 2016;
c.

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The deadline for disclosure of rebuttal expert witness testimony and

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related reports, and filing of discovery motions is CONTINUED from July

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23, 2015 to May 6, 2016;
d.

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The deadline for the parties to serve the final witness and exhibit lists

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pursuant to Rule 26(a)(3), and to file copies of exhibits not previously

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filed in this matter is CONTINUED from August 21, 2015 to May 27,

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2016;
e.

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The deadline for the parties to deliver exhibit binders is CONTINUED
from August 28, 2015 to June 3, 2016;

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f.

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The deadline for filing in limine motions, supplemental joint pre-hearing

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statement and proposed findings of fact and conclusions of law is

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CONTINUED from September 3, 2015 to June 10, 2016; and
g.

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evidentiary hearing shall continue in full force and effect.

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In all other regards the January 16, 2015 scheduling order for continued

2.

Counsel shall file joint status reports, apprising the Court of any developments in

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the state habeas proceeding, on October 1, 2015, unless the California Supreme

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Court decides the matter earlier.

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3.

Counsel also shall file a joint notice and status report of any decision by the
California Supreme Court on the June 5, 2015 state habeas petition, within fifteen
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(15) days of issuance, the Court may then schedule a status conference.

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IT IS SO ORDERED.

5 Dated:

June 10, 2015
UNITED STATES MAGISTRATE JUDGE

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