Friend v. Davis

Filing 32

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)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JACK WAYNE FRIEND, Petitioner, 8 Case No. 15-cv-03514-HSG DEATH PENALTY CASE v. 9 RON DAVIS, Warden, San Quentin State Prison, 11 United States District Court Northern District of California 10 ORDER CALLING FOR RESPONSE TO PETITIONER’S MOTION TO DISMISS FEDERAL HABEAS PROCEEDINGS Respondent. 12 The Court is in receipt of a pro se “Request for Appropriate Relief” from Petitioner that 13 14 seeks to (1) remove as counsel the Federal Public Defender for the District of Arizona, (2) dismiss 15 the current federal habeas proceeding, and (3) issue an order of execution “by any means 16 available” within thirty days. This Court lacks the jurisdiction to issue a death warrant and such a 17 request must be made to the Alameda County Superior Court. Currently, Petitioner’s execution is 18 stayed by Order of this Court. Before the Court acts on Petitioner’s motion, Petitioner’s counsel and Respondent shall 19 20 have the opportunity to respond. Any such response is due on or before April 17, 2017. All 21 responses shall be served directly on Petitioner. Petitioner may file a reply no later than May 17, 22 2017. 23 The Clerk shall serve this Order directly on Petitioner. 24 IT IS SO ORDERED. 25 26 27 28 3 Dated: March __, 2017 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge

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