Carpenter v. Brown, et al

Filing 141

ORDER TO MEET AND CONFER AND TO SUBMIT SCHEDULE. Counsel for petitioner and counsel for respondent are ordered 1) to meet and confer within thirty (30) days of the date of this order, and (2) within thirty (30) days thereafter to submit a litigation schedule to the Court. After receipt and review of the litigation schedule, the Court will schedule a status conference. Signed by Judge Maxine M. Chesney on November 24, 2009. (mmclc1, COURT STAFF) (Filed on 11/24/2009)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

DAVID J. CARPENTER, Petitioner, v. ROBERT L. AYERS, Jr., Warden of California State Prison at San Quentin, Respondent.

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NOS. C 98-2444 MMC C-00-3706 MMC ORDER TO MEET AND CONFER AND TO SUBMIT SCHEDULE DEATH PENALTY CASES

By order filed December 2, 2008 ("Order"), this Court found petitioner competent to litigate

20 his habeas petitions in the above-titled cases. At the time the Order issued, all proceedings in said 21 cases had been stayed pending petitioner's appeal to the Ninth Circuit, by which petitioner 22 challenged the terms of the Court's August 21, 2008 protective order. Consequently, the Order 23 directed the parties to set a status conference with the Court once petitioner's appeal was decided, to 24 determine a litigation schedule for the resolution of petitioner's remaining claims. On August 5, 25 2009, the Ninth Circuit denied and dismissed petitioner's appeal. As a result, litigation of 26 petitioner's cases in district court is ready to resume. To date, however, the parties have not sought 27 to schedule a status conference. 28

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Accordingly, with respect to each of petitioner's cases, counsel for petitioner and counsel for

2 respondent are hereby ORDERED (1) to meet and confer within thirty (30) days of the date of this 3 order, and (2) within thirty (30) days thereafter to submit a litigation schedule to the Court. After 4 receipt and review of the litigation schedule, the Court will schedule a status conference. 5
IT IS SO ORDERED.

6 DATED: November 24, 2009 7 8 9 10
MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE

United States District Court

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For the Northern District of California

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