Dickey v. Ylst

Filing 136

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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COLIN RAKER DICKEY,

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Petitioner,
v.

DEATH PENALTY CASE
ORDER REGARDING CASE
MANAGEMENT CONFERENCE

RON DAVIS, Warden of San Quentin State
Prison,
Respondent.

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Case No. 1:06-cv-00357-AWI-SAB

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Case Management Conference:
Date: February 17, 2017
Time: 10:00 a.m.
Courtroom: 9
Judge: Stanley A. Boone

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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.
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By this order the court provides direction to the parties for the upcoming case

23 management conference.
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Accordingly,

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1.

The case management conference relates to phase III proceedings on the

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bifurcated penalty claims and ex parte budgetary discussions with petitioner’s

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counsel. The parties may appear by teleconference. Counsel are directed to

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contact the court’s Courtroom Deputy Clerk, Ms. Mamie Hernandez, to advise
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that they will be appearing telephonically and to obtain the teleconference number

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and pass code.
2.

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Counsel for both parties shall be prepared to discuss scheduling of merits briefing

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of the penalty phase claims and related issues, provided that i) the court will not

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entertain request(s) for summary judgment, ii) motions for evidentiary

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development may be filed only after the court rules on the merits of the penalty

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claims and according any schedule then provided by the court, and iii) the merits

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of the claims alleged in the petition will be addressed prior to procedural and

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Teague defenses.
3.

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At the conclusion of the case management conference, respondent’s counsel will

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be excused and the conference will continue ex parte with counsel for petitioner

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present to discuss budgeting matters.

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proposed budget amendment for the remainder of phase III litigation, using the

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Capital Habeas Funding Application available from Ms. Kristine Fox, 9th Circuit

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CJA Case Managing Attorney, [e-mail], and submit the proposed

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budget amendment to the court under seal by e-mailing it to the court’s Approved

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Sealed@ e-mail address, [e-mail], at least one week

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before the February 17, 2017 case management conference.

Petitioner’s counsel shall prepare a

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IT IS SO ORDERED.

21 Dated:

February 2, 2017
UNITED STATES MAGISTRATE JUDGE

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