Beames v. Cullen

Filing 13

ORDER Following Phase I Case Management Conference, signed by Chief Judge Anthony W. Ishii on 10/12/2010. (Verduzco, M)

(DP) Beames v. Cullen

Doc. 13

1 2 3 4 5 6 7 8 9 10 11 12 13 R e s p o n d e n t. 14 15 16 17 18 19 20 21 22 23 24 25 26 T h is matter came on for a Case Management Conference ("CMC") October 1 2 , 2010, at 2:30 p.m. before the Honorable Anthony W. Ishii. Petitioner John M ic h a e l Beames ("Beames") was represented by Assistant Federal Defender A llis o n Claire and Timothy Brosnan, Esq. Respondent Vincent Cullen ("the W a r d e n " ) was represented by Deputy Attorney General Robert Gezi. All counsel a p p e a r e d telephonically. In the September 10, 2010 order appointing counsel and initiating case m a n a g e m e n t procedures, counsel for both parties were directed to familiarize th e m s e lv e s with the Guide to Case Management and Budgeting in Capital H a b e a s Cases, Eastern District of California, Fresno Division (the "Fresno A tto r n e y Guide"), complete a Confidential Case Evaluation Form (Appendix B to vs. V IN C E N T CULLEN, Acting Warden o f San Quentin State Prison, JO H N MICHAEL BEAMES, P e t i t io n e r , ) ) ) ) ) ) ) ) ) ) ) C a s e No. 1:10-CV-01429-AWI-P D E A T H PENALTY CASE O r d e r Following Phase I Case M a n a g e m e n t Conference U N IT E D STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

th e Fresno Attorney Guide), and be prepared at the CMC to discuss the status of th e record assembly by Beames' counsel, the statute of limitations, the status of th e Warden's assembly of the state record for lodging with the Court, and the s c h e d u lin g of a second case management conference. B a s e d on the filings of the parties and the discussion at the CMC, the fo llo w in g schedule is established: 1. T h e statute of limitations in this case expires on the one-year anniversary o f the denial of Beames' state habeas petition, July 28, 2011. See Patterson v. S te w a r t, 251 F.3d 1243, 1246 (9th Cir. 2001); 2. T h e Warden shall lodge the state record with the Court by January 10, 2011; 3. B e a m e s ' counsel do not believe they will need to move the Court for an o rd e r equitably tolling the statute of limitations; 4. 5. B e a m e s ' federal petition shall be filed on or before July 28, 2011; A n y second state habeas petition to bring unexhausted claims before the C a lifo r n ia Supreme Court shall be filed before July 28, 2011. F o llo w in g the filing of Beames' federal petition, a second CMC will be set to discuss the next litigation in this case.

IT IS SO ORDERED.

D A TED :

October 12, 2010 /s/ Anthony W. Ishii Chief United States District Judge

O R eC M C #tB m s

2