Bolden v. Ayers

Filing 19

INITIAL SCHEDULING ORDER. Signed by Judge Phyllis J. Hamilton on 9/14/11. (nah, COURT STAFF) (Filed on 9/14/2011)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 Clifford Stanley BOLDEN, Petitioner, 13 15 DEATH-PENALTY CASE INITIAL SCHEDULING ORDER v. 14 Case No. C 9-2365 PJH Michael MARTEL, Acting Warden of San Quentin State Prison,1 16 Respondent. 17 18 On August 1, 2011, the Court appointed counsel for Petitioner in this capital habeas 19 action. (Doc. No. 15.) Counsel for Respondent subsequently entered their appearances. (Docs. 20 Nos. 16–18.). Good cause appearing therefor, the Court enters this Initial Scheduling Order. 21 Within forty-five days from the date of this Order, the parties shall meet and confer to 22 prepare, and shall file, a joint case-management statement and proposed order. In the statement, 23 the parties shall discuss their preliminary views of anticipated proceedings in the present action. 24 The statement shall include a proposed schedule for briefing any renewed motion for equitable 25 tolling of the statute of limitations, and proposed schedules for briefing any other motions that 26 27 28 1 Michael Martel is automatically substituted for his predecessor as the named Respondent. See Fed. R. Civ. P. 25(d). Case No. 4-9-cv-2365-PJH INITIAL SCHEDULING ORDER (DPSAGOK) 1 must be addressed prior to the filing of a finalized petition2 in the event that equitable tolling is 2 granted; unless otherwise ordered, such motions will be decided on the papers. 3 Within forty-five days from the date of this Order, Respondent shall lodge with the Court 4 two electronic copies (compact discs) of the material enumerated in Habeas Local Rule 2254- 5 27(a). One copy shall be sent to chambers in Oakland; the other copy shall be sent to the Court’s 6 Death Penalty Staff Attorney assigned to this action, George O. Kolombatovich, in San 7 Francisco. Respondent shall not lodge any paper copies. 8 9 IT IS SO ORDERED. DATED: September 14, 2011 __________________________________ PHYLLIS J. HAMILTON United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 27 28 In capital habeas actions, “[t]he term ‘finalized petition’ shall refer to the petition filed by retained or appointed counsel. . . .” Habeas L.R. 2254-28(a). Petitioner already has filed a Pro Se Protective Petition. (Doc. No. 8.) 2 Case No. 4-9-cv-2365-PJH INITIAL SCHEDULING ORDER (DPSAGOK)

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