Lawley v. Ayers

Filing 66

ORDER DISMISSING CASE signed by District Judge Lawrence J. O'Neill on 5/18/2012. CASE CLOSED.(Lundstrom, T)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT FOR THE 7 EASTERN DISTRICT OF CALIFORNIA 8 DENNIS HAROLD LAWLEY, 9 10 11 12 13 ) ) Petitioner, ) ) vs. ) ) KEVIN CHAPPELL as Acting Warden of San ) Quentin State Prison,* ) ) Respondent. ) ) Case No. 1:08-cv-01425 LJO DEATH PENALTY CASE ORDER DISMISSING ACTION 14 15 Petitioner Dennis Harold Lawley (“Lawley”) commenced this federal habeas action on 16 September 23, 2008 with an application for stay of execution, motion to proceed in forma pauperis, and 17 request for appointment of counsel (Doc. 1 and Doc. 2). On January 7, 2009, the Court appointed CJA 18 Attorney Wesley A. Van Winkle and Assistant Federal Defender Lissa J. Gardner as Lawley’s attorneys 19 of record. Lawley filed a protective petition on June 11, 2009. (Doc. 26). Following two opposed 20 motions for equitable tolling, the Court extended the limitations period to October 16, 2009 (Doc. 25 21 and Doc. 38). Through his attorneys, Lawley timely filed his amended petition on that due date (Doc. 22 43). 23 During this pre-petition period in federal court, litigation before the California Supreme Court 24 was active. Lawley’s state appointed attorneys commenced state habeas proceedings with a petition for 25 habeas relief on June 26, 2000 and filed a second petition on April 29, 2008. The first state petition was 26 denied on June 11, 2008. On October 15, 2009, Lawley’s federal attorneys prepared and filed a third 27 state habeas petition in the California Supreme Court. The second and third state petitions remained 28 pending. 08dp1425.ODismissAction.Law.wpd *Kevin Chappell is substituted as Respondent Acting W arden pursuant to Federal Rule of Civil Procedure 25(d). 1 1 On October 27, 2009, the Court granted Lawley’s unopposed motion to hold federal proceedings 2 in abeyance during the pendency of state proceedings on Lawley’s second and third state petitions (Doc. 3 47). During abeyance, Lawley filed intermittent quarterly status reports beginning on January 5, 2010. 4 On April 5, 2012, Lawley’s appointed attorneys filed the last status report, notifying the Court 5 Lawley died of natural causes on March 11, 2012 (Doc. 65). Counsel provided the Court with a certified 6 copy of Lawley’s death certificate on May 8, 2012. 7 In light of Lawley’s death, this federal habeas action IS DISMISSED. 8 The Clerk is directed to enter judgment forthwith. 9 10 IT IS SO ORDERED. Dated: May 18, 2012 /s/ Lawrence J. O’Neill Lawrence J. O’Neill United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 08dp1425.ODismissAction.Law.wpd 2

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