Dickey v. Ylst

Filing 89

ORDER Regarding Briefing Schedule, signed by District Judge Anthony W. Ishii on 12/18/12. (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 Regarding Briefing
Schedule

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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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Counsel for Dickey has represented that substantial progress has been

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made on the review of the record, and it should be completed in another 60 days.

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Counsel for Dickey and counsel for Respondent (“the Warden “), have agreed to

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the following schedule for briefing the merits of Dickey’s federal petition:

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1.

The Warden’s answer, without points and authorities, addressing all

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affirmative defenses and procedural defaults, and identifying any facts in

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dispute, shall be filed on or before March 18, 2013.

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2.

Concurrent with the filing of the Warden’s answer, the parties shall file a

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joint statement setting forth a proposed schedule for submission of points

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and authorities, in support of and opposition to the guilt phase claims in

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the petition, Dickey’s reply, and any motions for factual development.

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IT IS SO ORDERED.

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DATED:

December 18, 2012

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/s/ Anthony W. Ishii

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United States District Judge

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OReCMC3Dky

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