Steele v. Woodford
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/19/2012 ORDERING that the requirement in the 182 court's order that petitioner seek "all known discovery" in his discovery motion is VACATED; by 6/1/2012, petitioner shall fila a motion for time-sensitive discovery; by 7/16/2012, respondent's opposition due; and by 8/6/2012, petitioner's reply, if any, due. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RAYMOND EDWARD STEELE,
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Petitioner,
No. CIV S-03-0143 GEB CKD
vs.
DEATH PENALTY CASE
WARDEN, San Quentin
State Prison,
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Respondent.
ORDER
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/
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The undersigned held a scheduling conference on April 19, 2012. David Harshaw
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appeared for petitioner. Eric Christoffersen appeared for respondent. The parties agreed that the
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discovery motion described in the September 8, 2011 order should be limited to seeking evidence
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petitioner feels may be lost if not sought soon.
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Accordingly, and good cause appearing, IT IS HEREBY ORDERED as follows:
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1. The requirement in the court’s September 8, 2011 order that petitioner seek
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“all known discovery” in his discovery motion is vacated.
2. By June 1, 2012, petitioner shall file a motion for time-sensitive discovery. In
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addition to demonstrating good cause under Habeas Rule 6, the motion shall include: (a)
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argument on whether satisfaction of the 28 U.S.C. § 2254(d) standard is a necessary part of the
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good cause showing for discovery; and (b) points and authorities showing that the section
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2254(d) standard is satisfied, based on the state court record, for every claim upon which
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petitioner seeks discovery.
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3. By July 16, 2012, respondent shall file an opposition to the discovery motion.
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4. By August 6, 2012, petitioner shall file any reply. The court will schedule
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argument if necessary.
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Dated: April 19, 2012
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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steele disc sch.or
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