Mackey v. Knipp

Filing 52

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/11/13 ordering ( Status Conference set for 1/8/2014 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDREW L. MACKEY,

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Petitioner,

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No. 2:12-cv-1245 TLN CKD P

v.

ORDER

WARDEN KNIPP,

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Respondent.

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Petitioner is a California prisoner proceeding with counsel with an application for writ of

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habeas corpus under 28 U.S.C. § 2254. Respondent has filed a motion to dismiss arguing, among

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other things, that this action is time-barred. At this point, the court is inclined to proceed by way

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of evidentiary hearing as to whether petitioner is entitled to equitable tolling of the applicable

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limitations period due to mental illness. Accordingly, IT IS HEREBY ORDERED that:
1. This matter is set for status conference on January 8, 2014 at 10:00 a.m. before the

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undersigned.
2. At the status conference, counsel for each party shall: 1) be prepared to discuss

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whether discovery is necessary prior to an evidentiary hearing regarding whether petitioner is

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entitled to equitable tolling of the applicable limitations period due to mental illness; and 2)

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provide the court with acceptable dates for the evidentiary hearing.

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3. If counsel for either party wishes to appear telephonically at the status conference,

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counsel should contact Court Room Deputy Kyle Owen prior to the conference.

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Dated: December 11, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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