Souliotes v. Tilton

Filing 54

ORDER DIRECTING PARTIES to Submit a Joint Pre-Hearing Statement on or before June 3, 2011, signed by Magistrate Judge Michael J. Seng on 5/26/2011. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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GEORGE SOULIOTES,
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Petitioner,
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v.
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MIKE EVANS, Warden; ANTHONY
HEDGPETH, Warden,
Respondent.

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1:06-cv-00667 OWW MJS HC
ORDER DIRECTING PARTIES TO
SUBMIT A JOINT PRE-HEARING
STATEMENT ON OR BEFORE JUNE 3,
2011

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Petitioner is proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C.
§ 2254.

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On May 25, 2011, the Ninth Circuit Court of Appeals reversed and remanded this matter

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to the district court for the limited purpose of holding a limited evidentiary hearing regarding

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statutory tolling of the statue of limitations under 28 U.S.C. § 2244(d)(1)(D). Specifically, the

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Ninth Circuit directed that the evidentiary hearing be limited to determining "when an inmate

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in Souliotes's position could have discovered, through the exercise of due diligence, the new

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[medium petroleum distillates] evidence." (ECF No. 53.) Given Petitioner's advanced age, the

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Ninth Circuit requested the evidentiary hearing be held in an expedited manner (Id.)

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In order to facilitate scheduling of the evidentiary hearing in this matter, the parties are

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directed to file with the Court on or before June 3, 2011 a joint pre-hearing statement

U .S. D istrict C ourt
E. D . C alifornia

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addressing the following:

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(1) whether the parties require leave to conduct discovery, and, if so, setting forth a

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discovery plan which addresses the need to conduct such discovery in an expedited

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manner; (See Rule 6 of the Rules Governing Section 2254 Cases.)

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(2) the factual issues to be resolved at the evidentiary hearing;

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(3) a statement of disputed and undisputed facts;

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(4) the documents or exhibits, including joint exhibits, the parties intend to offer;

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(5) any stipulations or admissions regarding facts and documents;

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(6) the names of each witness the parties anticipate presenting and a brief description

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of what each witness is expected to establish with his or her testimony;

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(7) a list of the witnesses to be subpoenaed and a timetable for facilitating the transfer

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of any currently incarcerated witnessess;

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(8) identifying anticipated evidentiary problems;

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(9) any other stipulation that would facilitate the just and speedy disposition of this

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matter; and

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(10) an estimate on the length of time the parties anticipate the hearing will take.

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Upon receipt of the statement by the Court, a scheduling conference shall be convened

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at which time the date of the evidentiary hearing will be set and other outstanding issues will

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be resolved.

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IT IS SO ORDERED.

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Dated:
ci4d6

May 26, 2011

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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U .S. D istrict C ourt
E. D . C alifornia

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