Cox v. Ylst

Filing 130

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/26/14 ORDERING that Within twenty days of the filed date of this order, petitioners currently assigned counsel or the head of the Federal Defenders Capital Habeas Unit shall file under seal a letter explaining the status of petitioners representation. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL A. COX,

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Petitioner,

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No. 2:04-CV-0065 MCE CKD
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

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ORDER

Respondent.

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On February 27, 2014, the court ordered the parties to meet and confer regarding a

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schedule for completing points and authorities on the application of 28 U.S.C. § 2254(d) to each

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claim in the petition. (ECF No. 127.) On March 18, respondent filed a “Joint 2254(d) Briefing

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Schedule Statement.1” (ECF No. 128.) Respondent informs the court that the Federal Defender’s

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Office “decided that a new hire should take over Petitioner’s representation, and that person

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might begin work over the summer of 2014.” According to the joint statement, the Federal

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Defender’s Office informed respondent that it would not be able to complete an opening brief on

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the section 2254(d) issues until mid-2016.

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This joint statement is signed only by counsel for respondent. The court accepts as true the
representations attributed to petitioner’s counsel made therein. The court has received no
separate filing from petitioner’s counsel.
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The court understands that the Assistant Federal Defender assigned to represent petitioner

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is currently unavailable. The court has not, however, been informed that petitioner’s case would

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be re-assigned. Further, there is no showing of good cause to allow petitioner two years to submit

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an opening brief.

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Within twenty days of the filed date of this order, petitioner’s currently assigned counsel

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or the head of the Federal Defender’s Capital Habeas Unit shall file under seal a letter explaining

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the status of petitioner’s representation. Filing under seal is accomplished by e-mailing the letter

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to the court’s Approved/Sealed e-mail address, [e-mail]. After

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receipt of that letter, the court expects to schedule a status conference for discussion of filing

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dates for the section 2254(d) briefing.

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IT IS SO ORDERED.

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Dated: March 26, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Cox 2254d brf.or1

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