Whalen v. Warden of San Quentin

Filing 24

ORDER DISCHARGING ORDER to SHOW CAUSE; ORDER Directing Respondent's Counsel to Submit Case Evaluation Form by not Later than Noon on May 21, 2015; ORDER Setting Telephonic Case Management Conference signed by Magistrate Judge Stanley A. Boone on 05/14/2015. Initial Case Management Conference set for 5/26/2015 at 03:00 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL LEE WHALEN,

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Case No. 1:14-cv-01865-LJO-SAB

Petitioner,

DEATH PENALTY CASE

v.

ORDER DISCHARGING ORDER TO SHOW
CAUSE
(ECF No. 20)

WARDEN, California State Prison at San
Quentin,

ORDER DIRECTING RESPONDENT’S
COUNSEL TO SUBMIT CASE
EVALUATION FORM BY NOT LATER
THAN NOON ON MAY 21, 2015

Respondent.

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ORDER SETTING TELEPHONIC CASE
MANAGEMENT CONFERENCE

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Date: May 26, 2015
Time: 3:00 p.m.
Courtroom: Department 9
Judge: Hon. Stanley A. Boone

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Before the Court is Respondent counsel’s May 13, 2015 corrected response to the

24 Court’s May 11, 2015 order to show cause re monetary sanctions. In it Deputy Attorney
25 General Catherine Tennant Nieto attests to her inadvertent failure to respond to the Court’s
26 orders. She represents that Petitioner’s counsel, Assistant Federal Defender Brian Abbington,
27 incurred no costs as a result thereof.
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The Court accepts Ms. Nieto’s explanation and representations, but admonishes her

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2 lack of attentiveness. Any further occurrence will be closely reviewed.
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Accordingly, it is HEREBY ORDERED that:

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1.

The May 11, 2015 order to show cause (ECF No. 20) is DISHCARGED,

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2.

Respondent’s counsel is directed to complete the Confidential Case Evaluation

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Form attached as Appendix B to the Fresno Attorney Guide to Case

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Management and Budgeting in Capital Habeas Cases, (hereinafter the

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“Attorney Guide”), which is posted on the Court’s web-page (see Attorney

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Guide, ¶ 44), and to submit it to the Court confidentially, filed under seal by e-

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mailing

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[e-mail], by not later than noon on Thursday, May

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21, 2015, and
3.

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to

the

Court’s

Approved

Sealed@

e-mail

address,

The initial Case Management Conference is set for Tuesday, May 26, 2015, at

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3:00 p.m., and will be held telephonically. Counsel are directed to contact the

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Court’s Courtroom Deputy Clerk, Ms. Mamie Hernandez, to obtain the

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teleconference code. The purpose of the initial CMC will be to discuss the status

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of record assembly and review by Petitioner’s counsel, case complexity, an

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approximate date for the Warden to lodge the state record, the one-year statute

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of limitations, the scheduling of a second CMC, and any other matters the

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parties wish to discuss together with the Court.

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IT IS SO ORDERED.

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May 14, 2015
UNITED STATES MAGISTRATE JUDGE

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