Coleman v. Ayers

Filing 214

ORDER LIFTING STAY AND DIRECTING FILING OF JOINT STATUS REPORT. Signed by Chief Judge Vaughn R Walker on 1/30/2009. (cgk, COURT STAFF) (Filed on 1/30/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Calvin COLEMAN Jr, Petitioner, v Robert L AYERS Jr, Warden of San Quentin State Prison, Respondent. Case No 3-90-cv-1588-VRW DEATH-PENALTY CASE ORDER LIFTING STAY AND DIRECTING FILING OF JOINT STATUS REPORT UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION [] The present action has been held in abeyance pending Petitioner's exhaustion of his Atkins claim in state court. The Court has been advised that Petitioner has exhausted his Atkins claim and that, pursuant to stipulation, Petitioner has been found to be mentally retarded and therefore cannot be executed. Accordingly, and good cause appearing therefor, the stay of the present action is hereby lifted. Not later than thirty days after the date the present order is filed, the parties shall file a joint report regarding the status of Petitioner's resentencing and the status of any unresolved claims in the petition. The status report shall include a discussion of Case No 3-90-cv-1588-VRW ORDER LIFTING STAY AND DIRECTING FILING OF JOINT STATUS REPORT (DPSAGOK) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 whether Petitioner remains entitled to court-appointed counsel in light of the fact that he is no longer condemned. It is so ordered. ______________________________ VAUGHN R WALKER United States Chief District Judge Case No 3-90-cv-1588-VRW ORDER LIFTING STAY AND DIRECTING FILING OF JOINT STATUS REPORT (DPSAGOK) 2

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