Lewis v. Woodford

Filing 174

ORDER signed by Magistrate Judge Gregory G. Hollows on 06/01/11 ordering the expenses approved in the 05/27/11 vouchers should not be counted against the submitted budget. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MILTON OTIS LEWIS,

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Petitioner,

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No. CIV S-02-0013 FCD GGH DP

vs.

DEATH PENALTY CASE

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ROBERT AYERS, Warden

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Respondent.

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ORDER
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There are just some expenses in a capital habeas proceeding that one is unable to

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anticipate. Such is the case with vouchers concurrently approved on May 27, 2011. The vast

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majority of all expenses have to do with allegations of petitioner’s emergent incompetence to

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proceed in this habeas action. Of course, counsel did not anticipate these expenses by the very

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nature of the assertion, and therefore, could not budget for the prolonged proceedings entailed by

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the allegations nor the procedural sequellae of the court’s rulings on the assertion. The expenses

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approved in the May 27, 2011 vouchers should not be counted against the submitted budget.

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Dated: 06/01/2011

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/s/ Gregory G. Hollows
_____________________________
UNITED STATES MAGISTRATE JUDGE

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