Brown v. Yates

Filing 42

ORDER Setting Scheduling Conference Hearing, signed by Magistrate Judge Stanley A. Boone on 12/2/2014. (Status Conference set for 12/17/2014 at 02:00 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone) (Fahrney, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES RAY BROWN, 12 Petitioner, 13 14 Case No. 1:10-cv-00219-LJO-SAB-HC ORDER SETTING SCHEDULING CONFERENCE HEARING v. JAMES A. YATES, Warden, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant 18 to 28 U.S.C. § 2254. Petitioner is represented by Lisa Sciandra, Esq. Respondent is represented 19 by Justin Riley, Esq., of the California Attorney General’s Office. 20 Pursuant to the mandate of the United States Court of Appeals for the Ninth Circuit, the 21 judgment of the District Court was vacated and this case was remanded for further factual 22 development of the record. On October 2, 2014, this Court ordered Respondent to file a brief 23 and any additional materials to further develop the record. On November 26, 2014, Respondent 24 filed his response and requested that the Court set a status conference hearing for the purpose of 25 authorizing formal discovery and setting a schedule therefor. 26 Petitioner does not object to a status conference hearing. 27 /// 28 /// 1 Respondent indicated that Accordingly, IT IS HEREBY ORDERED that a status conference hearing will be 1 2 conducted on Tuesday, December 17, 2014, at 2:00 p.m. before the undersigned for purposes of 3 discussing any discovery-related matters, scheduling of an evidentiary hearing if necessary, and 4 addressing any issues pertaining thereto. 5 6 IT IS SO ORDERED. 7 Dated: December 2, 2014 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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