Riel v. Woodford

Filing 633

ORDER signed by Magistrate Judge Deborah Barnes on 10/11/2023 DENYING Petitioner's request for a court order directing the parties to participate in mediation without prejudice and DIRECTING the parties to file a joint statement by 2/2/2024 set ting forth whether the depositions of Dr. Miora, Dr. Stewart, Mr. Riel's trial attorney Russell Swartz, Juanita Martin, and Donna Schwan have been conducted or are scheduled and setting a plan for final discovery deadlines in advance of the evidentiary hearing. (Spichka, K.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

CHARLES D. RIEL,

12
13
14
15

Petitioner,

No. 2:01-cv-0507 MCE DB
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

ORDER

Respondent.

16
17

In response to the undersigned’s January 11, 2023, order (ECF No. 614), the parties

18

submitted a joint statement setting a plan for final discovery deadlines in advance of the

19

evidentiary hearing, including new and updated Rule 16 expert disclosures. (ECF No. 632.) The

20

parties indicated that due to circumstances beyond their control they have yet to conduct

21

depositions of petitioner’s neuropsychologist, respondent’s psychiatrist, petitioner’s trial counsel,

22

and lay life history mitigation witnesses.

23

The court also notes that petitioner also submitted a renewed request seeking a referral for

24

mediation. As the court previously stated, it will not refer this action for mediation unless both

25

parties express a willingness to participate.

26
27
28

Accordingly, and good cause appearing, IT IS HEREBY ORDERED that:
1. Petitioner’s request for a court order directing the parties to participate in mediation is
denied without prejudice; and
1

1

2. The parties shall file a joint statement on or before February 2, 2024, setting forth whether

2

the depositions of Dr. Miora, Dr. Stewart, Mr. Riel’s trial attorney Russell Swartz, Juanita

3

Martin, and Donna Schwan have been conducted or are scheduled and setting a plan for

4

final discovery deadlines in advance of the evidentiary hearing.

5

Dated: October 11, 2023

6
7
8
9
10
11
12
13

DB:12
DB/DB Prisoner Inbox/Capital/riel.ev.hrg.status 10.10

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2