Karl, M.D. v. Regents of the University of California, The, et al
Filing
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***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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MARVIN M. CAMPBELL,
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No.
Movant,
ORDER VACATING
EVIDENTIARY HEARING
AND SETTING BRIEFING
SCHEDULE
v.
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UNITED STATES OF AMERICA,
Respondent.
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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
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declaration of Movant Marvin Campbell’s trial counsel Gordon
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Brown.
Attached to that declaration is a July 22, 2009 email from
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Assistant United States Attorney James Mann stating that, unless
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Movant agreed to submit to pretrial detention, refrain from
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litigating the case in any way, including filing a motion to
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suppress, and plead guilty pursuant to a plea agreement, the
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government would file an information pursuant to 21 U.S.C. § 851
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and it would not dismiss it.
Docket No. 105, Ex. 1.
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The government provides no explanation for why this evidence,
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which clearly is and has been in the government’s possession, was
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produced only one week before the scheduled evidentiary hearing
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and was not produced with or discussed in the government’s
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original or supplemental responses to the § 2255 motion.
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Nevertheless, the Court will not expend its resources to hold an
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evidentiary hearing without further briefing from the parties on
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this issue.
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Accordingly, the evidentiary hearing currently set for 10:00
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AM on Thursday, March 6, 2014 is vacated to be reset at a later
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date if necessary.
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habeas corpus ad testificandum.
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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
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Within five days of the date of this order, the government
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shall file a brief of up to five pages discussing the impact of
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the newly produced evidence on its response to Movant’s § 2255
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motion.
United States District Court
For the Northern District of California
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Movant shall file a response of up to five pages within
five days thereafter.
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IT IS SO ORDERED.
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Dated:
2/26/2014
CLAUDIA WILKEN
United States District Judge
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