Morris v. Malfi et al

Filing 35

ORDER granting extension to file Traverse. re 34 Signed by Judge Illston on May 13, 2009. (ts, COURT STAFF) (Filed on 5/13/2009)

Case 3:06-cv-07409-SI

Document 34

Filed 03/18/2009

Page 1 of 4

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

S U Z A N N E A. LUBAN A t t o r n e y at Law S t a t e Bar No.: 120629 3 7 5 8 Grand Ave. #4c O a k l a n d , California 94610 T e l e p h o n e 510/832-3555 A t t o r n e y for Petitioner T A R A Y T. MORRIS

U N I T E D STATES DISTRICT COURT FO R THE NORTHERN DISTRICT OF CALIFORNIA

T A R A Y T. MORRIS

) ) Petitioner, ) ) vs. ) ) TO NY MALFI, Warden, et al. ) ) Res pon dent. ) _________________________________ )

C a s e No.: C 06-7409-SI S T A T US MEMO AND P R O P O S E D ORDER

J u d g e : Hon. Susan Illston

P e t i ti o n e r Taray T. Morris submits the following status memo to report to the C o u r t the progress of the proposed neuropsychological examination and analysis of r e c o r d s. This status memo requests a slightly extended schedule for completion of the n e u r o p sycholog ist's report and the Traverse, in light of a change in the doctor's s c h e d u l e . The respondent has no objection. O n October 14, 2008, this Court authorized petitioner's counsel to retain a f o r e n s ic neuropsychologist to undertake a review and analysis of medical and p s y c h i a tr i c records of petitioner and to conduct neuropsychological testing, toward the g o a l of rendering an expert opinion to the Court as to Mr. Morris's mental state and c a p a c i ty , and the existence, degree and effect of brain damage at the relevant times a l l e g e d in the petition. The Court stayed petitioner's obligation to file a Traverse pen din g this expert analysis by order of the Court.

1

Case 3:06-cv-07409-SI

Document 34

Filed 03/18/2009

Page 2 of 4

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

A s stated in the January 2009 status report, the neuropsychologist has informed petition er's counsel that she has completed her review of medical and psychiatric r e c o r d s, has reached conclusions based on her analysis of these records, and is prepared to state her conclusions in a declaration. H o w e v e r , the neuropsychologist has been unable to conduct an interview in a c o n t a c t visit to assess petitioner's current cognitive and psychiatric functioning using s t a n d a rd i z e d tests. As stated in the January 2009 status report, it appears from inform ation obtained by counsel from the California State Prison Sacramento that a con tact visit will not be permitted until approximately June, 2009. I n addition, the neuropsychologist requires more time to prepare her report based on the documentation, if the Court declines to allow the additional time needed to c o n d u c t the testing of Mr. Morris. After the January 2009 status report was filed, the n e u r o p s y c h o lo g i s t informed petitioner's counsel that she was scheduled to appear and t e s ti f y before the California Supreme Court on March 18, 2009, and would be occupied w i t h preparations for that testimony and other matters (including other habeas cases, t e a c h in g at UCSF, and treating an average of 40 patients per week in private practice) u n t i l the end of March. She can begin to work on her declaration in this case at that t i m e , and would make every effort to complete by the first week of May. I n light of this delay, and the proximity to Mr. Morris' availability for n e u r o p s y c h o lo g i c a l testing in June 2009, just two months after the report/declaration wo u l d likely be completed without the testing, it is respectfully requested that the Court gra nt an additional extension of time to allow for this testing to take place. N e u r o p s y c h i a t r i c testing will allow the doctor to reach conclusions about Mr. Morris' curren t psychological condition, to confirm her conclusions about traumatic brain d a m a g e and mental illness, and to determine petitioner's probable mental condition at the time of the entry of plea in this case and earlier. P e t i ti o n e r requests the Court to continue to extend the time for the filing of the

2

Case 3:06-cv-07409-SI

Document 34

Filed 03/18/2009

Page 3 of 4

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

docto r's report until thirty days after the testing is completed (which should occur in late J u n e or early July), and for counsel to file a Traverse thirty days after the doctor's report h a s been filed. The testing takes two full days, scoring of results takes an additional 2-3 day s, and incorporation of those results into a report will take an additional three weeks. Barr ing unforseen delays, it is anticipated that the Traverse should be filed in early Sep tem ber 2009. M r . Morris continues to be incarcerated in CSP Sacramento. Deputy Attorney G e n e r a l Michael O'Reilly has advised the undersigned that he has no objection to the relief sought by this request. R e s p e c t f u ll y submitted, D A T E D : March 18, 2009 / S / Suzanne A. Luban/ __________________________ S U Z A N N E A. LUBAN Co u n s e l for TARAY T. MORRIS

3

Case 3:06-cv-07409-SI

Document 34

Filed 03/18/2009

Page 4 of 4

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 4 D a t e d : March __, 2009 _____________________________ H O N . SUSAN ILLSTON U n i t e d States District Judge For Good Cause Shown, IT IS HEREBY ORDERED that petitioner's time to file a Traverse shall be extended until 30 days after the filing of the forensic n e u r o p s y c h o l o g i s t ' s report, which report shall be filed in approximately early August follo win g the neuropsychologist's examination and testing of petitioner at the prison. P e t i ti o n e r 's counsel shall file a further status report to inform the Court if reasons for f u r th e r delay arise. U N I T E D STATES DISTRICT COURT F O R THE NORTHERN DISTRICT OF CALIFORNIA

T A R A Y T. MORRIS

) ) Petitioner, ) ) vs. ) ) TO NY MALFI, Warden, et al. ) ) Res pon dent. ) _________________________________ )

C a s e No.: C 06-7409-SI [ P R O P O S E D ] ORDER

J u d g e : Hon. Susan Illston