Beames v. Cullen

Filing 130

ORDER Upon Stipulation for Expert Discovery signed by Magistrate Judge Stanley A. Boone on 8/31/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN MICHAEL BEAMES,

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DEATH PENALTY CASE

Petitioner,
v.

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Case No. 1:10-cv-01429-AWI-SAB

ORDER UPON STIPUATION FOR EXPERT
DISCOVERY

RON DAVIS, Warden of San Quentin State
Prison,
Respondent.

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(ECF No. 129)

Before the Court is the parties’ August 28, 2015 stipulation and proposed order for expert

18 discovery.
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Petitioner’s federal petition was filed on July 27, 2011. On August 2, 2011, the Court

20 found that claim 11 (ineffective assistance regarding forensic evidence of cause of death) stated a
21 colorable claim. An evidentiary hearing on claim 11 is set for February 1, 2016. The parties
22 were ordered to make expert witness disclosures by not later than August 21, 2015, with related
23 motions to be filed by not later than ten (10) days following such disclosures.
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25 2015.

The parties filed their respective expert witness designations/disclosures on August 21,
Petitioner provided expert reports from Drs. Janice Ophoven and Robert Bux.

26 Respondent provided an expert report from Dr. Joseph Cohen.
27 stipulation reflects agreement for deposition of these experts.
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The parties’ above noted

Accordingly, it is HEREBY ORDERED that, pursuant to the parties’ stipulation (ECF

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2 No. 129), Petitioner may depose Dr. Joseph Cohen and Respondent may depose Drs. Janice
3 Ophoven and Robert Bux, on such dates and such times as may be agreed upon by the parties.
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IT IS SO ORDERED.

6 Dated:

August 31, 2015
UNITED STATES MAGISTRATE JUDGE

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