Espinoza v. Ornoski

Filing 315

ORDER signed by Magistrate Judge Deborah Barnes on 07/26/2023 SETTING a hearing on the 309 Motion to Determine Incompetency and Appoint a Guardian Ad Litem for 8/25/2023 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Pet itioner's counsel shall file any additional evidence relevant to their motion by 8/15/2023. Respondent may file a response to petitioner's counsel's submission by 8/22/2023. The 8/15/2023 deadline for submission of a joint statement is LIFTED. This court will set a new deadline after resolution of petitioner's pending motion. (Spichka, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTONIO ESPINOZA,

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Petitioner,

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No. 2:94-cv-1665 KJM DB

v.

ORDER

WARDEN, San Quentin State Prison,

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Respondent.

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Petitioner is a state prisoner proceeding through counsel with a petition for a writ of

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habeas corpus under 28 U.S.C. §2254. Pending before the court is petitioner’s counsel’s motion

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to determine incompetency and appoint a guardian ad litem. Respondent takes no position on the

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motion. (See ECF No. 309 at 5.) This court finds argument on the motion appropriate and will

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set a hearing. Attendance of the proposed guardian ad litem is not required.

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The most recent evidence counsel presents in support of the motion is from 2022. If there

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are more recent documents, such as a 2023 determination in a Keyhea proceeding or other records

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relevant to petitioner’s motion and available to counsel, petitioner’s counsel shall file them no

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later than ten days before the hearing. The filing should include a notice of filing with a

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description of the documents but should not include a brief. Respondent may, but need not, file a

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response to that submission no later than three days before the hearing.

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Accordingly, IT IS HEREBY ORDERED that

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1. A hearing on petitioner’s motion to determine incompetency and appoint a guardian ad

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litem is set for Friday, August 25, 2023, at 10:00 a.m. before the undersigned in courtroom #27.
2. By August 15, 2023, petitioner’s counsel shall file any additional evidence relevant to

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their motion, as described above. By August 22, respondent may file a response to petitioner’s

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counsel’s submission.

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3. The August 15, 2023 deadline for submission of a joint statement is lifted. This court

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will set a new deadline after resolution of petitioner’s pending motion.

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Dated: July 26, 2023

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DB:9
DB prisoner inbox/capital/Espinoza.incomp hrg sch

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