Dickey v. Ylst

Filing 85

ORDER Following Case Management Conference, signed by Chief Judge Anthony W. Ishii on 9/18/12. (Hellings, J)

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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,
vs.
KEVIN CHAPPELL, Acting Warden
of San Quentin State Prison,

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Respondent.
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Case No. 1:06-CV-357-AWI-P
DEATH PENALTY CASE
Order Following Case
Management Conference

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Petitioner Colin Raker Dickey (“Dickey”) filed his federal petition October

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4, 2007. Dickey’s federal petition was determined to contain unexhausted claims

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and abeyance was granted May 21, 2008. During the pendency of Dickey’s

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second state habeas petition, counsel representing Dickey withdrew and new

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counsel was appointed on June 13, 2012.

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A Case Management Conference was held before the Honorable Anthony

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W. Ishii on September 17, 2012, at which counsel for Dickey and the Warden

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telephonically appeared to discuss the status of receipt of the record and files

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from prior counsel; to set dates scheduling the next phase of litigation, including

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the filing of points and authorities in support of petition, the Warden’s

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comprehensive answer, and Dickey’s traverse; to discuss any anticipated

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requests for factual development (discovery or evidentiary hearing); and to set a

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date for submission of Dickey’s proposed budget for Phase II-B.

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Counsel for Dickey indicated that further review of the record in this case

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would be helpful to setting the schedule for the next phase of litigation. Counsel

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for the Warden had no objections to continuing the case management conference

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to allow Dickey’s counsel to review more of the case record and files.

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The Case Management Conference is continued to December 17, 2012, at
2:30 p.m. Counsel for Dickey will set up the conference call.

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IT IS SO ORDERED.

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DATED:

September 18, 2012

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/s/ Anthony W. Ishii

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Chief United States District Judge

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ORePhII-BCMCDky

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