Brown v. Yates

Filing 53

ORDER Granting Petitioner's Second Request to Continue Evidentiary Hearing Schedule, signed by Magistrate Judge Stanley A. Boone on 04/13/15. Filing Deadline: 6/12/2015, Replies due by 7/17/2015, Evidentiary Hearing set for 8/28/2015 at 08:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Gonzalez, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JAMES RAY BROWN,

14
15

ORDER GRANTING PETITIONER’S
SECOND REQUEST TO CONTINUE
EVIDENTIARY HEARING SCHEDULE

Petitioner,

12
13

Case No. 1:10-cv-00219-LJO-SAB (HC)

v.
JAMES A. YATES,
Respondent.

16
17

Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant

18 to 28 U.S. § 2254. Petitioner is represented in this action by and Lisa M. Sciandra, Esq, and
19 Assistant Federal Defender Jerome Price, Esq, of the Office of the Federal Defender.
20 Respondent is represented in this action by Deputy Attorney General Justain Riley, Esq., of the
21 Office of the California Attorney General.
22

On December 17, 2014, a status conference hearing was held to discuss any discovery-

23 related matters, schedule an evidentiary hearing, and address any issues pertaining thereto. (ECF
24 No. 43). On December 18, 2014, the Court issued a scheduling order setting an evidentiary
25 hearing and related briefing schedule. (ECF No. 44). On February 20, 2015, Petitioner filed a
26 motion requesting a 60-day continuance of the evidentiary hearing schedule in this matter. (ECF
27 No. 45). After considering the Petitioner’s request, the Court granted a 45-day continuance of
28 the briefing and evidentiary hearing schedule in this matter, and set the evidentiary hearing for

1

1 June 8, 2015, at 9:00 a.m., before the undersigned. (ECF No. 46).
On April 10, 2015, a conference call was held to discuss the evidentiary hearing schedule

2

3 and Respondent’s request for discovery. Ms. Sciandra and Mr. Price appeared telephonically on
4 behalf of Petitioner and Mr. Riley appeared telephonically on behalf of Respondent. The Court
5 again notes that as the Court reserves its time to hear this case and denies others the ability to
6 present their cases during that time, the parties are advised that no further extensions will be
7 entertained absent a showing of extraordinary circumstances. Any future requests must be met
8 with good cause and be made as soon as practical.
Accordingly, good cause having been presented to the Court, it is hereby ORDERED

9
10 that:

1. The Court vacates the evidentiary hearing set for June 8, 2015 at 9:00 a.m., and the

11

associated briefing schedule set forth in the Court’s February 24, 2015, order;

12

2. Petitioner is directed to file his witness and exhibit lists and opening brief including

13

proffers of witnesses on or before June 12, 2015;

14

3. Respondent is directed to file his witness and exhibit lists and responsive brief

15

including proffers of witnesses on or before July 17, 2015;

16

4. Petitioner may file any rebuttal witness and exhibit lists and any responsive briefing

17

on or before July 31, 2015; and

18

5. The evidentiary hearing will be held on August 28, 2015, at 8:30 a.m., before the

19

undersigned.

20
21
22

IT IS SO ORDERED.

23 Dated:

April 13, 2015
UNITED STATES MAGISTRATE JUDGE

24
25
26
27
28

2