Ervine v. Davis
Filing
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/16/15 ORDERING that by August 19, 2016, petitioner shall file the petition pursuant to 28 U.S.C. § 2254. By November 6, 2015, respondent shall file a Notice of Lodging and lodge with the court the state court record (see order for details). (Dillon, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DENNIS NEWTON ERVINE,
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Petitioner,
No. 2:15-cv-1916 TLN DAD
DEATH PENALTY CASE
v.
WARDEN, San Quentin State Prison,
ORDER
Respondent.
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The undersigned held a first case management conference on October 16, 2015. Assistant
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Federal Defenders Tivon Schardl and Karl Saddlemire appeared for petitioner. Deputy Attorney
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General Laura Wetzel Simpton appeared for respondent. At the conference counsel for both
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parties stipulated that the federal habeas petition in this action is due to be filed and served by
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August 19, 2016. The court directed respondent to lodge the state court record electronically.
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Respondent’s counsel stated that respondent should be able to do so within the 45-day time limit
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set out in Local Rule 191(h)(1). However, recognizing that electronic lodging of the record is
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new and time-consuming, the court assured respondent that a request for a reasonable extension
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of time to lodge the record should be granted if it proves necessary.
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Accordingly, IT IS HEREBY ORDERED as follows:
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1. By August 19, 2016, petitioner shall file the petition pursuant to 28 U.S.C. § 2254.
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References to the state court record in the petition shall use the identification system
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set out in the Notice of Lodging, described below. Each reference shall thus include
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the docket number for the Notice of Lodging, the attachment number, and the Bate-
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stamp numbers followed, in parentheses, by the abbreviated name of the volume of the
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record and any internal pagination. For example, if the Notice of Lodging appears as
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electronic court filing number 40 and the first attachment is the first 300 pages of the
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Clerk’s Transcript on Appeal, the citation form would be “ECF No. 40-1, AG00001-
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AG00300 (CT 1-300)). The petition need not include points and authorities regarding
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the application of 28 U.S.C. § 2254(d).
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2. By November 6, 2015, respondent shall file a Notice of Lodging and lodge with the
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court the state court record as set out below.
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a. The lodged record shall meet the following requirements:
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(i)
It shall contain (a) transcripts of the state trial court proceedings; (b)
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appellant's and respondent's briefs on direct appeal to the California
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Supreme Court, and the opinion or orders of that Court; and (c)
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petitioner's and respondent's briefs in any state court habeas corpus
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proceedings, and all opinions, orders and transcripts of such
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proceedings.
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(ii)
The entire record shall be Bate-stamped. Bate-stamp numbering shall
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be in the format AG00001, AG00002, etc. to distinguish it from other
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numbering systems in the record.
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(iii)
The entire record shall be scanned.
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(iv)
The entire record shall be converted to an OCR format.
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(v)
State sealed documents shall be lodged in paper form.
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b. The Notice of Lodging shall be filed on the court’s electronic filing system. Each
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item of the state court record shall be lodged as an attachment to the Notice of
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Lodging. For each separate attachment, the Notice of Lodging shall identify the
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attachment number, the Bate-stamp numbers, and the name of that part of the
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record, including its internal pagination, if any. For example, the attachment
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identified above in paragraph 1 would be listed in the Notice of Lodging as:
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“Attachment #1, AG00001-AG00300 (CT 1-300).” The identical identifying
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information shall also be included as the docket title of each electronically lodged
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attachment to the Notice of Lodging. To the extent possible, each separate paper
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volume of the state court record shall be lodged as one attachment.
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3. After the petition is filed, the court will hold a case management conference to discuss
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whether the petition contains unexhausted claims and to set any due dates for the filing
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of an answer and/or other briefing as may be deemed appropriate by the court at that
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time after consulting with counsel.
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Dated: October 16, 2015
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Ervine cmc1.or after
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