Schuster v. Johnson

Filing 107

SCHEDULING ORDER signed by Magistrate Judge Stanley A. Boone on 4/2/2018. Evidentiary Hearing set for 4/11/2018 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Witness and Exhibit Lists due by 4/6/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARISSA SCHUSTER,

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Petitioner,

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Case No. 1:12-cv-01482-AWI-SAB-HC
SCHEDULING ORDER

v.

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DEBORAH K. JOHNSON,

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Evidentiary Hearing
Date: April 11, 2018
Time: 10:00 a.m.
Courtroom: Nine

Respondent.

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

18 to 28 U.S.C. § 2254.
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On November 8, 2017, Petitioner moved for a court order directing Respondent to

20 process an attorney authorization form to permit Petitioner to be interviewed by counsel’s
21 investigator without requiring the investigator to disclose her Social Security number on the
22 form. (ECF No. 85). After a hearing on the motion, the undersigned granted Petitioner’s motion
23 on December 7, 2017, and ordered that the form be processed without the investigator’s Social
24 Security number. (ECF No. 93). On March 6, 2018, the District Judge denied Respondent’s
25 motion for reconsideration and ordered Respondent to comply with the undersigned’s directive.
26 (ECF No. 101).
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On March 16, 2018, Respondent filed a status report, stating that she cannot legally or

28 practically comply with the Court’s December 7, 2017 order. (ECF No. 104). On March 23,

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1 2018, Petitioner requested that the Court enter an order requiring Respondent to show cause why
2 she should not be held in civil contempt for violating the Court’s December 7, 2017 order. (ECF
3 No. 105). On March 28, 2018, the District Judge referred this matter back to the undersigned “to
4 conduct the appropriate briefing, hearing and issuance of findings and recommendation as to
5 whether the [attorney authorization form] can be processed without the investigator’s social
6 security number.” (ECF No. 106).
Accordingly, the undersigned will hold an evidentiary hearing. Respondent shall produce

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8 witnesses with personal knowledge regarding the authorization process and security clearance at
9 the facility. Additionally, the parties shall be prepared to address the issues underscored in the
10 District Judge’s order regarding whether civil contempt is appropriate and whether another
11 investigator can be sent to conduct the interview of Petitioner.
IT IS HEREBY ORDERED that:

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1. The parties are directed to file their respective witness and exhibit lists on or before April
6, 2018;

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2. The evidentiary hearing will be held on April 11, 2018, at 10:00 a.m., before the
undersigned.

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IT IS SO ORDERED.

19 Dated:

April 2, 2018
UNITED STATES MAGISTRATE JUDGE

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