Hill v. Ayers

Filing 323

ORDER FINDING RESTORATION OF PETITIONERS COMPETENCY. Signed by Judge Claudia Wilken on 1/6/2012. (ndr, COURT STAFF) (Filed on 1/6/2012)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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Michael HILL,

Case Number 4-94-cv-641-CW

Petitioner,
v.

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DEATH-PENALTY CASE
ORDER FINDING RESTORATION
OF PETITIONER’S COMPETENCY

Michael MARTEL, Acting Warden of
San Quentin State Prison,

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Respondent.
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Proceedings in the present action have been stayed pending a

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determination of Petitioner’s competency.

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undisputed, and the Court found, that Petitioner was incompetent

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for a period of time.

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undisputed, and the Court finds, that Petitioner’s competency has

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been restored.

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(Doc. No. 278.)

(Doc. No. 312 at 5.)

It is

It now appears to be

(See Doc. No. 299 at 14; Doc. No. 322 at 9.)

Accordingly, and good cause therefor appearing, the Court
hereby lifts the stay of proceedings.
At the time that the stay commenced, the parties were

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litigating in state court the discovery of alleged Brady and

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other materials.

(See Doc. No. 254.)

Accordingly, and good

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cause appearing therefor, within thirty days of the entry of the

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present order, the parties shall file a joint case-management

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statement.

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status of discovery; a proposed schedule or schedules for the

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resumption of proceedings in the present action; and any other

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pertinent information.

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IT IS SO ORDERED.

The joint statement shall include a discussion of the

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DATED:

1/6/2012
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CLAUDIA WILKEN
United States District Judge