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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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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DENNIS HAROLD LAWLEY,
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Petitioner,
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vs.
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KEVIN CHAPPELL as Acting Warden of San )
Quentin State Prison,*
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Respondent.
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Case No. 1:08-cv-01425 LJO
DEATH PENALTY CASE
ORDER DISMISSING ACTION

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Petitioner Dennis Harold Lawley (“Lawley”) commenced this federal habeas action on

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September 23, 2008 with an application for stay of execution, motion to proceed in forma pauperis, and

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request for appointment of counsel (Doc. 1 and Doc. 2). On January 7, 2009, the Court appointed CJA

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Attorney Wesley A. Van Winkle and Assistant Federal Defender Lissa J. Gardner as Lawley’s attorneys

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of record. Lawley filed a protective petition on June 11, 2009. (Doc. 26). Following two opposed

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motions for equitable tolling, the Court extended the limitations period to October 16, 2009 (Doc. 25

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and Doc. 38). Through his attorneys, Lawley timely filed his amended petition on that due date (Doc.

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43).

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During this pre-petition period in federal court, litigation before the California Supreme Court

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was active. Lawley’s state appointed attorneys commenced state habeas proceedings with a petition for

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habeas relief on June 26, 2000 and filed a second petition on April 29, 2008. The first state petition was

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denied on June 11, 2008. On October 15, 2009, Lawley’s federal attorneys prepared and filed a third

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state habeas petition in the California Supreme Court. The second and third state petitions remained

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pending.
08dp1425.ODismissAction.Law.wpd

*Kevin Chappell is substituted as Respondent Acting W arden
pursuant to Federal Rule of Civil Procedure 25(d).
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On October 27, 2009, the Court granted Lawley’s unopposed motion to hold federal proceedings

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in abeyance during the pendency of state proceedings on Lawley’s second and third state petitions (Doc.

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47). During abeyance, Lawley filed intermittent quarterly status reports beginning on January 5, 2010.

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On April 5, 2012, Lawley’s appointed attorneys filed the last status report, notifying the Court

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Lawley died of natural causes on March 11, 2012 (Doc. 65). Counsel provided the Court with a certified

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copy of Lawley’s death certificate on May 8, 2012.

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In light of Lawley’s death, this federal habeas action IS DISMISSED.

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The Clerk is directed to enter judgment forthwith.

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IT IS SO ORDERED.
Dated:

May 18, 2012
/s/ Lawrence J. O’Neill
Lawrence J. O’Neill
United States District Judge

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08dp1425.ODismissAction.Law.wpd

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