Dickey v. Ylst

Filing 136

ORDER REGARDING Case Management Conference signed by Magistrate Judge Stanley A. Boone on 2/2/2017. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 COLIN RAKER DICKEY, 11 12 13 14 Petitioner, v. DEATH PENALTY CASE ORDER REGARDING CASE MANAGEMENT CONFERENCE RON DAVIS, Warden of San Quentin State Prison, Respondent. 15 Case No. 1:06-cv-00357-AWI-SAB 16 Case Management Conference: Date: February 17, 2017 Time: 10:00 a.m. Courtroom: 9 Judge: Stanley A. Boone 17 18 This matter is before the court following its January 13, 2017 order i) denying 19 petitioner’s request to strike the second amended answer, ii) denying petitioner’s request for 20 factual development, iii) denying guilt phase claims, and iv) setting a February 17, 2017 case 21 management conference. 22 By this order the court provides direction to the parties for the upcoming case 23 management conference. 24 Accordingly, 25 1. The case management conference relates to phase III proceedings on the 26 bifurcated penalty claims and ex parte budgetary discussions with petitioner’s 27 counsel. The parties may appear by teleconference. Counsel are directed to 28 contact the court’s Courtroom Deputy Clerk, Ms. Mamie Hernandez, to advise 1 1 that they will be appearing telephonically and to obtain the teleconference number 2 and pass code. 2. 3 Counsel for both parties shall be prepared to discuss scheduling of merits briefing 4 of the penalty phase claims and related issues, provided that i) the court will not 5 entertain request(s) for summary judgment, ii) motions for evidentiary 6 development may be filed only after the court rules on the merits of the penalty 7 claims and according any schedule then provided by the court, and iii) the merits 8 of the claims alleged in the petition will be addressed prior to procedural and 9 Teague defenses. 3. 10 At the conclusion of the case management conference, respondent’s counsel will 11 be excused and the conference will continue ex parte with counsel for petitioner 12 present to discuss budgeting matters. 13 proposed budget amendment for the remainder of phase III litigation, using the 14 Capital Habeas Funding Application available from Ms. Kristine Fox, 9th Circuit 15 CJA Case Managing Attorney, kfox@ce9.uscourts.gov, and submit the proposed 16 budget amendment to the court under seal by e-mailing it to the court’s Approved 17 Sealed@ e-mail address, ApprovedSealed@caed.uscourts.gov, at least one week 18 before the February 17, 2017 case management conference. Petitioner’s counsel shall prepare a 19 20 IT IS SO ORDERED. 21 Dated: February 2, 2017 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?