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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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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Clifford Stanley BOLDEN,
Petitioner,

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DEATH-PENALTY CASE
INITIAL SCHEDULING ORDER

v.

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Case No. C 9-2365 PJH

Michael MARTEL,
Acting Warden of San Quentin State Prison,1

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Respondent.

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On August 1, 2011, the Court appointed counsel for Petitioner in this capital habeas

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action. (Doc. No. 15.) Counsel for Respondent subsequently entered their appearances. (Docs.

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Nos. 16–18.). Good cause appearing therefor, the Court enters this Initial Scheduling Order.

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Within forty-five days from the date of this Order, the parties shall meet and confer to

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prepare, and shall file, a joint case-management statement and proposed order. In the statement,

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the parties shall discuss their preliminary views of anticipated proceedings in the present action.

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The statement shall include a proposed schedule for briefing any renewed motion for equitable

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tolling of the statute of limitations, and proposed schedules for briefing any other motions that

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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)

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must be addressed prior to the filing of a finalized petition2 in the event that equitable tolling is

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granted; unless otherwise ordered, such motions will be decided on the papers.

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Within forty-five days from the date of this Order, Respondent shall lodge with the Court

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two electronic copies (compact discs) of the material enumerated in Habeas Local Rule 2254-

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27(a). One copy shall be sent to chambers in Oakland; the other copy shall be sent to the Court’s

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Death Penalty Staff Attorney assigned to this action, George O. Kolombatovich, in San

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Francisco. Respondent shall not lodge any paper copies.

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IT IS SO ORDERED.
DATED: September 14, 2011

__________________________________
PHYLLIS J. HAMILTON
United States District Judge

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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.)
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Case No. 4-9-cv-2365-PJH
INITIAL SCHEDULING ORDER
(DPSAGOK)