Harris v. Davis

Filing 17

ORDER Following Initial Case Management Conference, signed by District Judge Dale A. Drozd on 2/2/2017. (Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIE LEO HARRIS,

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Petitioner,

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v.

Case No. 1:16-cv-01572-DAD
DEATH PENALTY CASE
ORDER FOLLOWING INITIAL CASE
MANAGEMENT CONFERENCE

RON DAVIS, Warden of the California State
Prison at San Quentin,
Respondent.

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The undersigned held an initial case management conference on January 18, 2017 at

19 10:00 a.m. in Department 5. Saor E. Stelter and Richard G. Novak appeared for petitioner,
20 Willie Leo Harris. Amanda Cary appeared for respondent, Ron Davis. All counsel appeared
21 telephonically. The parties stipulated that absent tolling, the federal habeas petition is due
22 September 21, 2017. Counsel for petitioner stated their intention to file a motion for equitable
23 tolling within six weeks. Counsel for respondent stated that the record received from the state
24 court is in part on electronic media and in part in paper format.
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The court continued the public portion of the case management conference to allow

26 respondent the opportunity to determine a date for electronic lodging of the state court record
27 according to the court’s noted requirements. Respondent’s counsel was then excused and the
28 undersigned held an ex parte budgeting conference with counsel for petitioner. The results of
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1 that budgeting conference are covered in a separate, sealed order.
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On February 2, 2017, at 11:00 a.m. in Department 5, the undersigned held the

3 continued case management conference. The above noted counsel appeared telephonically.
4 Counsel for respondent, Ms. Cary, advised that four (4) months would be required for
5 electronic lodging of the state court record.
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Accordingly,

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1.

By September 21, 2017, unless a different date is subsequently ordered by the

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court, petitioner shall file the petition pursuant to 28 U.S.C. § 2254. References

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to the state court record in the petition shall use the identification system set out

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in the Notice of Lodging, described below. Each reference shall thus include

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the docket number for the Notice of Lodging, the attachment number, and the

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Bate-stamp numbers followed, in parentheses, by the abbreviated name of the

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volume of the record and any internal pagination. For example, if the Notice of

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Lodging appears as electronic court filing number 40 and the first attachment is

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the first 300 pages of the Clerk’s Transcript on Appeal, the citation form would

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be “DOC. No. 40-1, AG00001-AG00300 (CT 1-300).”

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2.

By June 15, 2017, respondent shall file a Notice of Lodging and lodge with the

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court the state court record as specified below.

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a.

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The lodged record shall meet the following requirements:
(i)

It shall contain (a) transcripts of the state trial court proceedings;

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(b) appellant’s and respondent’s briefs on direct appeal to the

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California Supreme Court, and the opinion or orders of that

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Court; and (c) petitioner’s and respondent’s briefs in any state

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court habeas corpus proceedings, and all opinions, orders and

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transcripts of such proceedings.

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(ii)

The entire record shall be Bate-stamped. Bate-stamp numbering

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shall be in the format AG00001, AG00002, etc. to distinguish it

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from other numbering systems in the record.
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(iii)

The entire record shall be scanned.

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(iv)

The entire record shall be converted to an optical character
recognition (OCR) format.

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(v)

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b.

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State sealed documents shall be lodged in paper form.

The Notice of Lodging shall be filed on the court’s electronic filing

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system. Each item of the state court record shall be lodged as an

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attachment to the Notice of Lodging. For each separate attachment, the

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Notice of Lodging shall identify the attachment number, the Bate-stamp

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numbers, and the name of that part of the record, including its internal

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pagination, if any. For example, the attachment identified above in

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paragraph 1 would be listed in the Notice of Lodging as: “Attachment

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#1, AG00001-AG00300 (Clerk’s Transcript 1-300).” The identical

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identifying information shall also be included as the docket title of each

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electronically lodged attachment to the Notice of Lodging. To the extent

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possible, each separate paper volume of the state court record shall be

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lodged as one attachment.
c.

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copies on CD are not required.

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3.

4.

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The answer shall be filed no later than twelve (12) months after the filing date
of the petition.

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Petitioner intends to file a motion for equitable tolling. Such a motion shall be
filed no later than March 6, 2017.

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The state court record need not also be lodged on CDs, and courtesy

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The petition and answer need not include points and authorities regarding
application of 28 U.S.C. § 2254(d).

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6.

A briefing schedule will be set after the petition and answer have been filed.

2 IT IS SO ORDERED.
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Dated:

February 2, 2017

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UNITED STATES DISTRICT JUDGE

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