Majors v. Ayers, et al

Filing 170

ORDER signed by Magistrate Judge Kendall J. Newman on 7/9/2010 ORDERING that by 7/19/10, respondent to file a statement re Ms. Hogue's mental health records and Ms. Hogue's and Mr. Reese's law enforcement records, and explains whether respondent will assert procedural default bars to any claims for which petitioner seeks discovery, petitioner's may file a response by 8/5/10; by 7/19/10, petitioner to inform the court whether Ms. Hogue is entitled to notice and how the notice will be given, if the court finds good cause for the discovery of her mental health records; after reciept of the above, the court to issue an order on petitioner's 5/25/10 motion for discovery; by 7/26/2010, respondent to lodge the state court record, by 12/27/10, respondent to file an answer; in addition, respondent to file any motion to dimiss. (Yin, K)

(HC)(DP) Majors v. Ayers, et al

Doc. 170

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Respondent. 15 / 16 17 18 19 20 21 22 23 24 25 26 An ex parte budgeting conference with counsel for petitioner was held after argument on the motion for discovery. The court will issue a separate order regarding budgeting. 1
Dockets.Justia.com
1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JAMES DAVID MAJORS, Petitioner, vs. WARDEN, San Quentin State Prison, ORDER No. 2:99-cv-00493 MCE KJN DEATH PENALTY CASE

The court heard petitioner's motion for discovery and held a status conference on July 8, 2010.1 Allison Claire appeared for petitioner. Richard Neuhoff appeared telephonically for petitioner. Daniel Bernstein appeared for respondent. Upon review of the motion and the documents in support and opposition, and upon hearing the arguments of counsel and good cause appearing therefor, the court announced the following orders to the parties in open court: 1. By July 19, 2010, respondent shall file a statement which: (a) proposes language which would more narrowly tailor petitioner's subpoenas seeking Ms. Hogue's mental health records and law enforcement records regarding Ms. Hogue and Mr. Reese; and (b)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

explains whether respondent will assert procedural default bars to any claims for which petitioner seeks discovery. By August 5, 2010, petitioner may file a response to items (a) and (b). 2. By July 19, 2010, petitioner shall inform the court whether Ms. Hogue is entitled to notice, and if so how that notice will be given, if the court finds good cause for the discovery of her mental health records. 3. After receipt of the filings described in paragraphs 1 and 2, the court will issue an order on petitioner's May 25, 2010 Motion for Discovery. 4. By July 26, 2010, respondent shall lodge the state court record as described in Local Rule 191(j)(1). By December 27, 2010, respondent shall file an answer which addresses the merits of all claims and asserts any procedural defenses. In addition, respondent shall file any motion to dismiss claims on procedural grounds. DATED: July 9, 2010

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE
majors disco mtn.or

2