Steele v. Woodford

Filing 210

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)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

RAYMOND EDWARD STEELE,

11
12
13

Petitioner,

No. CIV S-03-0143 GEB CKD

vs.

DEATH PENALTY CASE

WARDEN, San Quentin
State Prison,

14
Respondent.

ORDER

15
/
16
17

The undersigned held a scheduling conference on April 19, 2012. David Harshaw

18

appeared for petitioner. Eric Christoffersen appeared for respondent. The parties agreed that the

19

discovery motion described in the September 8, 2011 order should be limited to seeking evidence

20

petitioner feels may be lost if not sought soon.

21

Accordingly, and good cause appearing, IT IS HEREBY ORDERED as follows:

22

1. The requirement in the court’s September 8, 2011 order that petitioner seek

23
24

“all known discovery” in his discovery motion is vacated.
2. By June 1, 2012, petitioner shall file a motion for time-sensitive discovery. In

25

addition to demonstrating good cause under Habeas Rule 6, the motion shall include: (a)

26

argument on whether satisfaction of the 28 U.S.C. § 2254(d) standard is a necessary part of the
1

1

good cause showing for discovery; and (b) points and authorities showing that the section

2

2254(d) standard is satisfied, based on the state court record, for every claim upon which

3

petitioner seeks discovery.

4

3. By July 16, 2012, respondent shall file an opposition to the discovery motion.

5

4. By August 6, 2012, petitioner shall file any reply. The court will schedule

6

argument if necessary.

7

Dated: April 19, 2012

8

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
steele disc sch.or

19
20
21
22
23
24
25
26
2