Breaux v. Ornoski, et al

Filing 348

ORDER signed by Magistrate Judge Deborah Barnes on 12/4/2023 ORDERING, on or before 2/1/2024, Dr. Gugelmann shall file a Rule 26 report and the parties shall file a joint statement regarding the status of the case, and a proposed schedule. Dr. Guglemann's evidentiary hearing testimony may be taken by videotaped deposition. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID ANTHONY BREAUX,

Case No. 2:93-cv-0570 DJC DB

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Petitioner, ORDER
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v.
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RONALD BROOMFIELD, WARDEN OF
SAN QUENTIN STATE PRISON,

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Respondent.
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Petitioner, a state prisoner under sentence of death, is proceeding with a petition for a writ

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of habeas corpus under 28 U.S.C. §2254. The parties met and conferred regarding the status of

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this case and discovery. Respondent requests permission for expert witness Dr. Gugelmann to

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file a Federal Rules of Court, Rule 26 report by February 1, 2024, and for the parties to take his

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testimony by videotaped deposition at a later date. Petitioner’s counsel does not oppose these

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requests. The parties further request permission to file a joint statement by February 1, 2024 to

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set further dates.

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Upon considering the parties’ joint request, and good cause appearing, IT IS HEREBY
ORDERED that:
1. On or before February 1, 2024, Dr. Gugelmann shall file a Rule 26 report;

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2. On or before February 1, 2024, the parties shall file a joint statement regarding the status
of the case and a proposed schedule; and
3. Dr. Guglemann’s evidentiary hearing testimony may be taken by videotaped deposition.

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Dated: December 4, 2023

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DLB:9
DB prisoner inbox/capital/breaux.exp disc sch