Harris v. Davis

Filing 64

STIPULATED ORDER Regarding Claim Exhaustion and Scheduling and Directing Respondent to Show Cause re Rhines Stay signed by District Judge Dale A. Drozd on 12/4/2018. Show Cause Response due within sixty (60) days. (Jessen, A)

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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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Case No. 1:16-cv-01572-DAD
DEATH PENALTY CASE

v.

STIPULATED ORDER REGARDING
CLAIM EXHAUSTION AND SCHEDULING
AND DIRECTING RESPONDENT TO
SHOW CAUSE RE RHINES STAY

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

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(Doc. No. 62)

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Before the court is the parties’ joint statement filed November 29, 2018 regarding the

20 exhaustion status of the 45 claims, including sub–claims, alleged in the 335-page petition for
21 writ of habeas corpus filed in this proceeding on March 30, 2018.
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The parties agree that certain claims are fully or partially unexhausted and that the

23 current scheduling order should be modified to allow respondent to show cause why the court
24 should not order stay and abeyance under Rhines v. Weber, 544 U.S. 269 (2005). (Doc. No. 62
25 at 1-3) (citing the Fresno Division’s Guide to Case Management and Budgeting in Capital
26 Habeas Cases.)
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Accordingly, pursuant to the parties’ agreement and good cause having been shown:

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1.

All claims and sub–claims in the petition are deemed exhausted except that

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claims and sub–claims 8, 10, 11.C.12, 11.C.14, 12, 13, 14, 27, 32, 34.D.5

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through 34.D.7, 34.D.9, 36, 43, and 44 are found to be unexhausted.

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2.

The currently scheduled March 30, 2019 deadline for the filing of respondent’s

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answer is vacated and will be re–set by the court upon completion of exhaustion

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proceedings.

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3.

pursuant to Rhines and shall file his response not later than sixty (60) days

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following the filed date of this order, or waive any entitlement to show cause.

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Respondent shall file his sur–reply, if any, not later than thirty (30) days
following the filed date of the reply.

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Petitioner shall file his reply to that response not later than thirty (30) days
following the filed date of the response.

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Respondent is directed to show cause why this matter should not be stayed

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The matter shall be deemed submitted following completion of the briefing

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described above. The parties will be notified if a hearing on the issue of the

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appropriateness of a stay under Rhines is deemed necessary by the court.

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Dated:

December 4, 2018
UNITED STATES DISTRICT JUDGE

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