Clifton Perry v. Acting Warden Michael Martel

Filing 7

ORDER APPOINTING Counsel and Initiating Case Management Procedures, signed by Chief Judge Anthony W. Ishii on 10/3/11: Case Evaluation Forms shall be filed by October 13, 2011; The Phase I case management plan and budget shall be filed under seal by no later than 4:00 p.m. on October 27, 2011; The Court will conduct a telephonic case management and budget conference at 9:00 a.m. on November 3, 2011 with counsel for Perry initiating the call. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CLIFTON PERRY,

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Petitioner,
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vs.
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MICHAEL MARTEL, as Acting Warden of )
California State Prison at San Quentin,
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Respondent.
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_______________________________________ )

Case No. 1:11-cv-01367 AWI
DEATH PENALTY CASE
ORDER APPOINTING COUNSEL AND
INITIATING CASE MANAGEMENT
PROCEDURES

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This matter is before the Court on the request of Petitioner Clifton Perry (“Perry”) for

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appointment of counsel and the ensuing recommendation of the Selection Board for the Eastern District

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of California regarding his request. The Court’s decision as to the appointment of counsel is informed

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by the September 19, 2011 letter from the Selection Board over the signature of Assistant Federal

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Defender Joseph Schlesinger.

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The Selection Board has recommended representation of Perry by D. Jay Ritt, of Bensinger, Ritt,
Tai & Thvedt, and Verna J. Wefald. The Court adopts this recommendation

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Counsel for the parties (including for Respondent Michael Martel, as Acting Warden of San

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Quentin State Prison) shall familiarize themselves with Local Rule 191 of the United States District

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Court for the Eastern District of California and the Fresno Attorney Guide to Case Management and

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Budgeting in Capital Habeas Cases (hereafter the “Attorney Guide”), both of which are posted on the

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Court’s web-page. Both parties are asked to complete the Confidential Case Evaluation Form

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(Appendix B to the Attorney Guide).

See Attorney Guide, ¶49. The Court will maintain each

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11dp1367.OApptgCounsel&InitiatgCaseMgmt.Per.wpd

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Confidential Case Evaluation Form under seal, unless the party filing the Form elects to file it publicly.

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The Case Evaluation Forms shall be filed by October 13, 2011.

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Mr. Ritt and Ms. Wefald each are directed to submit a rate justification worksheet (Appendix

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A to the Attorney Guide) and jointly prepare a case management plan and budget for Phase I of the

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litigation. The proposed case management plan and budget shall be supported by properly subscribed

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declarations. See Attorney Guide, ¶ 14. The Phase I case management plan and budget shall be filed

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under seal by no later than 4:00 p.m. on October 27, 2011.

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The Court will conduct a telephonic case management and budget conference at 9:00 a.m. on

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November 3, 2011 with counsel for Perry initiating the call. All counsel shall participate in the case

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management portion of the call. Counsel shall be prepared to discuss the statute of limitations, a

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timetable for the filing of the petition, and a protective petition, if necessary, the time necessary to

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assemble the record, and a date for the Warden to lodge the state record. Counsel for the Warden will

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then be excused so that confidential matters pertaining to a proposed budget for Phase I can be resolved.

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IT IS SO ORDERED.

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Dated:

October 3, 2011
/s/ Anthony W. Ishii
Anthony W. Ishii
United States District Judge

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