Karl, M.D. v. Regents of the University of California, The, et al

Filing 14

***DISREGARD, FILED ON THE INCORRECT CASE*** ORDER VACATING EVIDENTIARY HEARING AND SETTING BRIEFING SCHEDULE. Signed by Judge Claudia Wilken on 2/26/2014. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 2/26/2014) Modified on 2/26/2014 (ndr, COURT STAFF).

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 MARVIN M. CAMPBELL, 5 6 No. Movant, ORDER VACATING EVIDENTIARY HEARING AND SETTING BRIEFING SCHEDULE v. 7 8 UNITED STATES OF AMERICA, Respondent. 9 10 C 11-0073 CW CR 09-0640 CW ________________________________/ United States District Court For the Northern District of California On February 25, 2014, the government filed the third 11 declaration of Movant Marvin Campbell’s trial counsel Gordon 12 Brown. Attached to that declaration is a July 22, 2009 email from 13 Assistant United States Attorney James Mann stating that, unless 14 Movant agreed to submit to pretrial detention, refrain from 15 litigating the case in any way, including filing a motion to 16 suppress, and plead guilty pursuant to a plea agreement, the 17 government would file an information pursuant to 21 U.S.C. § 851 18 and it would not dismiss it. Docket No. 105, Ex. 1. 19 The government provides no explanation for why this evidence, 20 which clearly is and has been in the government’s possession, was 21 produced only one week before the scheduled evidentiary hearing 22 and was not produced with or discussed in the government’s 23 original or supplemental responses to the § 2255 motion. 24 Nevertheless, the Court will not expend its resources to hold an 25 evidentiary hearing without further briefing from the parties on 26 this issue. 27 28 1 Accordingly, the evidentiary hearing currently set for 10:00 2 AM on Thursday, March 6, 2014 is vacated to be reset at a later 3 date if necessary. 4 habeas corpus ad testificandum. 5 provide Mike Babcock, Warden of FCI Herlong a copy of this order. In addition the Court sets aside its writ of Docket No. 97. The Clerk shall 6 Within five days of the date of this order, the government 7 shall file a brief of up to five pages discussing the impact of 8 the newly produced evidence on its response to Movant’s § 2255 9 motion. United States District Court For the Northern District of California 10 Movant shall file a response of up to five pages within five days thereafter. 11 12 IT IS SO ORDERED. 13 14 15 Dated: 2/26/2014 CLAUDIA WILKEN United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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