Harris v. Davis

Filing 17

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

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIE LEO HARRIS, 12 Petitioner, 13 14 15 16 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. 17 18 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. 25 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 1 1 that budgeting conference are covered in a separate, sealed order. 2 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. 6 Accordingly, 7 1. By September 21, 2017, unless a different date is subsequently ordered by the 8 court, petitioner shall file the petition pursuant to 28 U.S.C. § 2254. References 9 to the state court record in the petition shall use the identification system set out 10 in the Notice of Lodging, described below. Each reference shall thus include 11 the docket number for the Notice of Lodging, the attachment number, and the 12 Bate-stamp numbers followed, in parentheses, by the abbreviated name of the 13 volume of the record and any internal pagination. For example, if the Notice of 14 Lodging appears as electronic court filing number 40 and the first attachment is 15 the first 300 pages of the Clerk’s Transcript on Appeal, the citation form would 16 be “DOC. No. 40-1, AG00001-AG00300 (CT 1-300).” 17 2. By June 15, 2017, respondent shall file a Notice of Lodging and lodge with the 18 court the state court record as specified below. 19 a. 20 The lodged record shall meet the following requirements: (i) It shall contain (a) transcripts of the state trial court proceedings; 21 (b) appellant’s and respondent’s briefs on direct appeal to the 22 California Supreme Court, and the opinion or orders of that 23 Court; and (c) petitioner’s and respondent’s briefs in any state 24 court habeas corpus proceedings, and all opinions, orders and 25 transcripts of such proceedings. 26 (ii) The entire record shall be Bate-stamped. Bate-stamp numbering 27 shall be in the format AG00001, AG00002, etc. to distinguish it 28 from other numbering systems in the record. 2 1 (iii) The entire record shall be scanned. 2 (iv) The entire record shall be converted to an optical character recognition (OCR) format. 3 (v) 4 b. 5 State sealed documents shall be lodged in paper form. The Notice of Lodging shall be filed on the court’s electronic filing 6 system. Each item of the state court record shall be lodged as an 7 attachment to the Notice of Lodging. For each separate attachment, the 8 Notice of Lodging shall identify the attachment number, the Bate-stamp 9 numbers, and the name of that part of the record, including its internal 10 pagination, if any. For example, the attachment identified above in 11 paragraph 1 would be listed in the Notice of Lodging as: “Attachment 12 #1, AG00001-AG00300 (Clerk’s Transcript 1-300).” The identical 13 identifying information shall also be included as the docket title of each 14 electronically lodged attachment to the Notice of Lodging. To the extent 15 possible, each separate paper volume of the state court record shall be 16 lodged as one attachment. c. 17 copies on CD are not required. 18 19 3. 4. 24 The answer shall be filed no later than twelve (12) months after the filing date of the petition. 22 23 Petitioner intends to file a motion for equitable tolling. Such a motion shall be filed no later than March 6, 2017. 20 21 The state court record need not also be lodged on CDs, and courtesy 5. The petition and answer need not include points and authorities regarding application of 28 U.S.C. § 2254(d). 25 ///// 26 ///// 27 ///// 28 ///// 3 1 6. A briefing schedule will be set after the petition and answer have been filed. 2 IT IS SO ORDERED. 3 Dated: February 2, 2017 4 UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?