Davis v. Chappell

Filing 19

ORDER - Case Management Order. Signed by Judge Edward M. Chen on 4/15/2014. (emcsec, COURT STAFF) (Filed on 4/15/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICHARD ALLEN DAVIS,

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DEATH PENALTY CASE

v.
CASE MANAGEMENT ORDER

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For the Northern District of California

United States District Court

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Petitioner,

No. C-13-0408 EMC

KEVIN CHAPPELL, Warden, San Quentin
State Prison,

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Respondent.
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The Court is in receipt of the parties’ Joint Case Management Statement, filed on April 9,

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2014. According to the Statement, Petitioner intends to file requests for equitable tolling, evidence

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preservation and discovery.

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Having considered the parties’ Statement, the Court directs the parties to proceed as follows:

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1.

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within 45 days of the date of this Order;
2.

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Respondent shall file oppositions within 30 days of the date of filing of Petitioner’s
motions;

3.

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Petitioner shall file separate motions for equitable tolling and evidence preservation

Petitioner shall file replies within 14 days of the date of filing of Respondent’s
oppositions.

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The Court denies without prejudice Petitioner’s request to file a discovery motion at

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this time. In requesting equitable tolling, Petitioner will be seeking to replace the

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petition currently on file with a finalized petition. As such, unless exigent

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circumstances exist, any request for discovery would be premature. See Calderon v.

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United States District Ct. for N. Dist. of Cal. (Nicolaus), 98 F.3d 1102 (9th Cir. 1996)

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(pre-petition discovery is impermissible); see also Calderon v. United States District

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Ct. for E. Dist. of Cal. (Roberts), 113 F.3d 149 (9th Cir. 1997) (discovery

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inappropriate where a federal petition contains unexhausted claims not yet dismissed

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or pursued in state court).

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IT IS SO ORDERED.

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Dated: April 15, 2014
_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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