Torres v. Virga

Filing 52

ORDER signed by Magistrate Judge Dale A. Drozd on 1/13/15 ordering ( Status Conference set for 2/13/2015 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JUAN TORRES,

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Petitioner,

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No. 2:12-cv-1358 TLN DAD P

v.

ORDER SETTING STATUS CONFERENCE

TIM VIRGA, Warden, et al.,

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Respondent.

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Petitioner is a state prisoner proceeding through counsel with a petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. By order dated May 20, 2014, this action was

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stayed for sixty days and petitioner was directed to notify the court and opposing counsel of the

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status of several petitions for certiorari pending before the United States Supreme Court in the

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event that the stay had not been lifted before the period of the stay had expired. On July 14, 2014,

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petitioner filed the required status report. By order dated August 13, 2014, the stay was extended

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for another sixty days and petitioner’s counsel was directed to notify the court and opposing

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counsel of the current status of the petition for certiorari filed in DeMola v. Cavazos, Acting

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Warden, 13-10288 prior to the expiration of the stay. On October 6, 2014, petitioner’s counsel

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filed the required status report, explaining that the state’s response to the DeMola petition for

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certiorari was due on or before October 20, 2014.

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By order dated October 20, 2014, this action was again stayed for an additional sixty days

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and petitioner’s counsel was directed to notify the court and opposing counsel of the current

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status of the petition for certiorari filed in DeMola v. Cavazos, Acting Warden, 13-10288 prior to

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the expiration of the stay. On December 15, 2014, petitioner’s counsel filed the required status

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report, explaining that the DeMola case remains pending in the United States Supreme Court and

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that on December 12, 2014, the Supreme Court granted certiorari in Toca v. Louisiana, ___ S. Ct.

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___, No. 14-6381, 2014 WL 4743531 (Dec. 12, 2014), in order to address, among other issues,

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the retroactivity of the decision in Miller v. Alabama, ___ U.S. ___, 132 S. Ct. 2455 (2012).

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Petitioner’s counsel also advised this court that petitioner expects to complete his investigation

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into his claim of ineffective assistance of counsel by the end of February 2015, intends to “present

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new sentencing mitigation and risk assessment information that could not be presented at

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sentencing,” and plans to “pursue available habeas relief in the state courts.” (ECF No. 51.)

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After reviewing the record before the court, including petitioner’s December 15, 2014

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status report, and good cause appearing, the court sets a status conference to discuss scheduling

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issues including the advisability of continuing the current stay in this matter. The filing of status

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reports is not required. Any party may appear at the status conference telephonically if the party

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pre-arranges such appearance by contacting Pete Buzo, the courtroom deputy of the undersigned

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magistrate judge, at [phone], no later than 48 hours before the Status Conference; a land

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line telephone number must be provided.

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Accordingly, IT IS HEREBY ORDERED that a Status Conference is set in this matter for

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February 13, 2015, at 10:00 a.m., in Courtroom No. 27, before the undersigned.

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Dated: January 13, 2015

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DAD:8
Torres1358.sc

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