Friend v. Davis
ORDER CALLING FOR RESPONSE TO PETITIONERS MOTION TO DISMISS FEDERAL HABEAS PROCEEDINGS Re docket no. 31 : Responses due by 4/17/2017; Replies due by 5/17/2017. Signed by Judge Haywood S. Gilliam, Jr. on 3/3/2017. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 3/3/2017)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JACK WAYNE FRIEND,
Case No. 15-cv-03514-HSG
DEATH PENALTY CASE
RON DAVIS, Warden, San Quentin State
United States District Court
Northern District of California
ORDER CALLING FOR RESPONSE TO
PETITIONER’S MOTION TO DISMISS
FEDERAL HABEAS PROCEEDINGS
The Court is in receipt of a pro se “Request for Appropriate Relief” from Petitioner that
seeks to (1) remove as counsel the Federal Public Defender for the District of Arizona, (2) dismiss
the current federal habeas proceeding, and (3) issue an order of execution “by any means
available” within thirty days. This Court lacks the jurisdiction to issue a death warrant and such a
request must be made to the Alameda County Superior Court. Currently, Petitioner’s execution is
stayed by Order of this Court.
Before the Court acts on Petitioner’s motion, Petitioner’s counsel and Respondent shall
have the opportunity to respond. Any such response is due on or before April 17, 2017. All
responses shall be served directly on Petitioner. Petitioner may file a reply no later than May 17,
The Clerk shall serve this Order directly on Petitioner.
IT IS SO ORDERED.
Dated: March __, 2017
HAYWOOD S. GILLIAM, JR.
United States District Judge
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