Colleen Mary Rohan, et al v. Jill Brown, et al
Filing
592
ORDER RE CASE MANAGEMENT CONFERENCE. Case Management Statement due by 5/6/2013. Case Management Conference set for 5/16/2013 11:00 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge William Alsup on 4/2/13. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 4/2/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 88-2779 WHA
ORDER RE CASE MANAGEMENT
CONFERENCE
Petitioner,
For the Northern District of California
United States District Court
OSCAR GATES,
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v.
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KEVIN CHAPPELL, Warden,
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Respondent.
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This matter was stayed in 2004 following an adjudication of mental incompetency,
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based on Rohan ex. rel. Gates v. Woodford ("Gates"), 334 F.3d 803 (9th Cir. 2003).1 At that
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time, attorneys for petitioner and respondent agreed that petitioner was incompetent. On
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January 8, 2013, the Supreme Court decided Ryan v. Gonzales, abrogating Gates and holding
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that an incompetent capital prisoner has no right to an indefinite stay of habeas proceedings.
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133 S. Ct. 696, 706-709. The Supreme Court further held that while the decision to grant a
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temporary stay is within the discretion of the district court, an indefinite stay is inappropriate if
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there is no reasonable hope the petitioner will regain competence in the foreseeable future. Id.
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Pursuant to Ryan, this Court ordered the parties to meet and confer regarding whether
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the stay in this matter should be lifted. Petitioner maintains that the stay should be continued
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for a finite amount of time in order for the parties to address whether petitioner can be returned
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Petitioner was also adjudicated to be mentally incompetent in 1994, as part of the proceedings in this
habeas matter, and in 1973, in a prior state criminal matter.
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to competency. Respondent counters that, without a proffer as to petitioner's amenability to
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treatment and potential for restoration to competency, the stay ought to be lifted immediately
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and the proceedings recommenced.
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Having reviewed the parties’ submissions, the Court hereby ORDERS the parties to
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appear on May 16, 2013 at 11:00 am for a Case Management Conference regarding subsequent
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proceedings in this matter. In addition to the issues noted above, the parties should be prepared
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to discuss, inter alia, whether another next friend should be appointed in this matter, and
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whether this matter should be referred for settlement discussions. See, e.g., McPeters v.
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Chappell, 2013 WL 360260, *7 (E.D. Cal., Jan. 29, 2013).
The parties are also ORDERED to submit a joint case management statement,
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For the Northern District of California
United States District Court
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addressing any of the above-mentioned issues not covered by the already-submitted pleadings,
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no later than ten days prior to the CMC.
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IT IS SO ORDERED.
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Dated: April
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, 2013.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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