Hawkins v. Wong

Filing 269

ORDER signed by Magistrate Judge Edmund F. Brennan on 05/02/19 VACATING the 5/08/19 hearings 262 , 263 on the motions. A status conference is set for 6/19/19 at 10:00 a.m. in courtroom 8. Within 21 days of the date of this order, parties shall submit status reports. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFFREY JAY HAWKINS,

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Petitioner,

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v.

No. 2:96-cv-1155-TLN-EFB DP

ORDER

RON DAVIS,

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Respondent.

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Petitioner is a California death row inmate proceeding with counsel in this petition for

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writ of habeas corpus under 28 U.S.C. § 2254. The case has proceeded through cross-motions for

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summary judgment, and the court has ordered an evidentiary hearing on five issues. ECF Nos.

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222, 240. Petitioner asks the court to schedule the hearing and to bifurcate it into two phases: one

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phase to hear the sole guilt-phase claim and a second hearing, if necessary, to hear the four

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sentencing-phase claims. ECF Nos. 262, 263. Respondent opposes bifurcation. ECF No. 264.
The court finds that a status conference is necessary to determine the schedule and resolve

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the bifurcation question. Accordingly, it is hereby ORDERED that:
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2019, is VACATED;

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2.

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The hearing on the motions (ECF Nos. 262, 263), currently scheduled for May 8,

A Status Conference is set for June 19, 2019 at 10:00 a.m. in Courtroom No. 8; and

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Within 21 days of the date of this order, the parties shall submit status reports
informing the court of:

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a. The number of witnesses they plan to call at the evidentiary hearing;

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b. The number of days they estimate the hearing to take, if bifurcated and if not

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bifurcated; and
c. The amount and nature of any outstanding discovery.
DATED: May 2, 2019.

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