Beames v. Cullen

Filing 5

ORDER APPOINTING COUNSEL and Notice of Initial Case Management Conference signed by Chief Judge Anthony W. Ishii on 9/9/2010. Initial Case Management Conference set telephonically for 10/12/2010 at 02:30 PM. Attorney Timothy Joseph Brosnan for John Michael Beames added. (Bradley, A)

(DP) Beames v. Cullen

Doc. 5

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 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 Appointing Counsel and N o tic e of Initial Case Management C o n fe re n c e D A TE: T IM E : O c to b e r 12, 2010 2 :3 0 p.m. U N IT E D STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA

O n August 9, 2010, Petitioner John Michael Beames ("Beames"), a state p r is o n e r facing capital punishment, filed pro se applications for appointment of c o u n s e l, for stay of execution, and to proceed in forma pauperis, in the Eastern D is tr ic t of California pursuant to 28 U.S.C. § 2254. In forma pauperis status was g r a n te d , the execution was temporarily stayed, and the case was referred to the S e le c tio n Board of the Eastern District of California for recommendation of c o u n s e l on August 12, 2010. T h e Selection Board recommends the Capital Habeas Unit of the Federal D e fe n d e r 's Office of the Eastern District of California, 801 I Street, 3rd Floor, S a c r a m e n to , California, 95814, [phone], and Timothy Brosnan, Esq., 1116 G u e r r e r o Street, San Francisco, California, 94110, [phone], for appointment a s co-counsel to represent Beames.

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T h e Guide to Case Management and Budgeting in Capital Habeas Cases, E a s te r n District of California, Fresno Division1 (hereafter the "Attorney Guide") p r o v id e s an overview of the process for capital habeas corpus cases in this Court. Upon receipt of this order, counsel are directed to familiarize themselves with the A tto r n e y Guide. Mr. Brosnan was recently appointed to another capital habeas c a s e in this division, so the reimbursement rate established for him in that case w ill be applied to this case. C o u n s e l for both parties shall complete as much or all of the Confidential C a s e Evaluation Form (Appendix B to the Attorney Guide) as is possible at this s ta g e of the proceedings. The Confidential Case Evaluation Form shall be filed n o later than one week prior to the Case Management Conference ("CMC"), and m a y be submitted to the Court under seal. Appropriate budget forms will be e le c tr o n ic a lly transmitted to counsel concurrently with this order. See Attorney G u id e , ¶ 10. The proposed budget need only specify the hours and expenses for C JA counsel, but should indicate in the supporting declaration the division of la b o r and allocation of resources with the Federal Defender, including the hours a n tic ip a te d to be expended by the Federal Defender in each category. A p r e lim in a ry budget for Phase I of the litigation must be presented and approved b e fo r e any reimbursement for professional services will be authorized. See A tto r n e y Guide, ¶¶ 46-49. As specified in the Attorney Guide, the proposed b u d g e t and application, including supporting declarations and an electronic copy o f the Excel file, should be submitted to the Court under seal.2

The Attorney Guide is posted on the Court's website, under Attorney Info, F re sn o , Forms. 2 In this Court, documents which are approved for filing under seal are su b m itte d electronically to "[e-mail]" pursuant to Local R u le 141. Proposed budgets also should be sent by email to the staff attorney
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A s indicated in the Attorney Guide, automated "Case Management Plan a n d Budget Forms" are created by the Ninth Circuit Judicial Council for use by c o u n s e l in capital habeas cases. The Forms have recently been updated to c o m b in e the former first two phases into one phase and to delineate between core a n d non-core record for purposes of document review. (See Ninth Circuit Costs P o lic y3 for distinction between, and limitations on, core and non-core records and r e v ie w .) The new phases are: P h ase I A p p o in tm e n t, Record Review, Petition Preparation, Answer, a n d Exhaustion P h a s e II M e r its Briefing, Fact Development Discovery, and Motion for E v id e n tia r y Hearing P h a s e III P r e -E v id e n tia r y Hearing Discovery, Evidentiary Hearing, and F in a l Briefing S in c e Beames' counsel are both new to the case, the initial Phase I budget w ill be limited to the tasks described in paragraphs 47 and 48 of the Attorney G u id e . The proposed budget should include all tasks to be completed during the in itia l Phase I budget, including any time spent on tasks which already have been c o m p le te d or partially performed. Counsel will not be reimbursed for work p e r fo r m e d before the date of appointment without prior approval on a showing o f good cause. T h e initial CMC is set for October 12, 2010, at 2:30 p.m., and will be held te le p h o n ic a lly . Beames' proposed budget for Phase I should be presented to the C o u r t without delay, but should be filed no later than one calendar week prior to

a ssig n e d to the case. 3 The Ninth Circuit Judicial Council's Costs Policy is posted on the Court's w e b site , under Attorney Info, Fresno, Forms, CJA.
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th e CMC. The purpose of the initial CMC will be to discuss the status of record a s s e m b ly and review by Beames' counsel, case complexity, an approximate date c o u n s e l for Respondent will be able to lodge the record, the one-year statute of lim ita tio n s , the scheduling of a second CMC, and any other matters the parties w is h to discuss together with the Court. Once case management issues are r e s o lv e d , counsel for Respondent will be excused from the CMC so the Court can d is c u s s budgeting procedures with Beames' counsel on an ex parte basis.

G o o d cause appearing, T h e Federal Defender, Capital Habeas Unit, and Timothy Brosnan, Esq., a r e appointed as co-counsel to represent Beames for all purposes in these p r o c e e d in g s . T h e initial Case Management Conference will be held telephonically at 2:30 p .m ., on Tuesday, October 12, 2010. Counsel for Beames shall initiate the c o n fe r e n c e call. C o u n s e l for both parties shall file the Confidential Case Evaluation Form, a s indicated above. Counsel for Beames shall concurrently file the proposed b u d g e t for Phase I.

IT IS SO ORDERED.

D A TED :

September 9, 2010 /s/ Anthony W. Ishii Chief United States District Judge

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