Whalen v. Warden of San Quentin

Filing 39

ORDER Modifying Case Management Order (ECF No. 26 ), ORDER Directing Respondent To Electronically Lodge Record, signed by Magistrate Judge Stanley A. Boone on 10/16/2015.(Lodging Deadline: 12/23/2015) (Fahrney, E)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

DANIEL LEE WHALEN,

11
12
13
14

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

Petitioner,

DEATH PENALTY CASE

v.

ORDER MODIFYING CASE
MANAGEMENT ORDER

WARDEN, California State Prison at San
Quentin,

(ECF No. 26)

Respondent.

15

ORDER DIRECTING RESPONDENT TO
ELECTRONICALLY LODGE RECORD

16
17
18

Following the May 26, 2015 initial case management conference, Respondent was

19 ordered to lodge the state record in electronic (PDF-OCR) form accompanied by a notice of
20 lodging. On July 10, 2015, Respondent filed a notice of lodging and index of state court record
21 in electronic form, on CD. However, lodging on CD prevents the record from being accessed
22 through the Court’s Case Management / Electronic Case Files docketing and file system
23 (“CM/ECF”).
24

Therefore, Respondent shall be ordered to electronically lodge the state record through

25 the CM/ECF system. All documents shall be Bates-stamped using the AG000001 numbering
26 system, scanned in PDF-OCR form, and filed into the CM/ECF system as attachments to the
27 docket entry, which shall be the notice and index of electronic lodging. See Local Rule 133.
28
1

1 The notice and index of lodging shall identify the attachment numbers, the Bates-stamped
2 numbers, and the name, volume and internal pagination (as applicable) of each portion of the
3 record.
Notwithstanding the foregoing, documents lodged under seal may be lodged in paper

4

5 format consistent with the sealing order.
Accordingly, it is hereby ORDERED that, within sixty (60) days of the filed date of this

6

7 order, Respondent shall electronically lodge the state record through CM/ECF in the manner
8 provided herein.

Any supplemental lodging also shall be electronically lodged through

9 CM/ECF. All documents shall be cited in the above manner. The May 27, 2015 scheduling is
10 modified as above and otherwise continues in full force and effect.
11
12

IT IS SO ORDERED.

13 Dated:

October 16, 2015
UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2