Whalen v. Warden of San Quentin

Filing 64

ORDER Directing That Counsel for Petitioner File a Status Report signed by District Judge Jennifer L. Thurston on 10/7/2022. 30-day deadline. (Lawrence, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
DANIEL LEE WHALEN,

11

Petitioner,

12
v.

13

RON BROOMFIELD, Warden of the
California State Prison at San Quentin,

14
15

Case No. 1:14-cv-01865-JLT
DEATH PENALTY CASE
ORDER DIRECTING THAT COUNSEL
FOR PETITIONER FILE A STATUS
REPORT

Respondent.1

16
17
18

On January 26, 2018, the Court issued an order relieving Petitioner of the requirement

19 that he file quarterly status reports on the progress of state exhaustion proceedings, and
20 directing that he file a report of claim disposition within thirty (30) days of the state supreme
21 court’s decision thereon. (Doc. 60.) The Court provided therein that “[it] may from time to
22 time order Petitioner and/or Respondent to apprise the Court of the status of the state
23 proceedings.” (Id.)
24

The record reflects that counsel for Petitioner last updated the Court on the status of

25 state proceedings on December 28, 2017. (Doc. 59.)
26
27

Accordingly, the Court, in order to ensure proper case management, directs that
1

Ron Broomfield, appointed as warden of San Quentin State Prison in September 2021, is
28 substituted as Respondent in place of his predecessor wardens. Fed. R. Civ. P. 25(d).
1

1 counsel for Petitioner file an updated report on the status of the state court proceedings by not
2 later than 30 (thirty) days following the filed date of this order. The Court’s January 26, 2018
3 order continues in full force and effect.
4
5
6

IT IS SO ORDERED.
Dated:

October 7, 2022

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2