Rodrigues v. Calderon

Filing 300

ORDER. Signed by Judge Claudia Wilken on 5/6/2010. (ndr, COURT STAFF) (Filed on 5/6/2010)

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court has received and reviewed Petitioner's most recent status report regarding his Atkins proceedings in the state courts. Petitioner informs the Court that his state habeas corpus petition has been granted, with a finding that Petitioner is mentally retarded within the meaning of Atkins v. Virginia, 536 U.S. 304 (2002) (holding that execution of the mentally retarded violates the Eighth Amendment). As a result, the state court vacated Petitioner's sentence of death and sentenced petitioner to life without the possibility of parole. Because the state court decision does not fully resolve Petitioner's federal habeas petition pending in this Court, Petitioner has requested a status conference. The Court finds that a status conference is not necessary at this juncture of the proceedings. Instead, Petitioner and Respondent are ORDERED to meet and confer, and to file joint 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JOSE ARNALDO RODRIGUES, ) ) ) Petitioner, ) ) v. ) VINCE CULLEN, Acting Warden of California ) ) State Prison at San Quentin, ) ) Respondent. No. C 96-1831 CW ORDER 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or separate statements informing the Court what remains to be decided in this matter and how the parties propose to proceed, within sixty days of the date of this order. If a status conference is warranted, the Court will inform the parties. IT IS SO ORDERED. DATED: 5/6/2010 __________________________________ CLAUDIA WILKEN United States District Judge 2 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JOSE ARNALDO RODRIGUES, Plaintiff, v. VINCE CULLEN, Acting Warden of California State Prison at San Quentin, Defendant. Case Number: CV96-01831 CW CERTIFICATE OF SERVICE / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on May 6, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. California Appellate Project California Appellate Project Federal Court Docketing 101 Second Street Suite 600 San Francisco, CA 94105 Habeas Corpus Resource Center Habeas Corpus Resource Center 303 Second Street, Suite 400 South San Francisco, CA 94107 Jose Arnaldo Rodrigues CSP-Tamal CA State Prison-San Quentin Tamal, CA 94974 Dated: May 6, 2010 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk 3

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