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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JACK WAYNE FRIEND,
Petitioner,

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Case No. 15-cv-03514-HSG
DEATH PENALTY CASE

v.
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RON DAVIS, Warden, San Quentin State
Prison,

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United States District Court
Northern District of California

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ORDER CALLING FOR RESPONSE TO
PETITIONER’S MOTION TO DISMISS
FEDERAL HABEAS PROCEEDINGS

Respondent.

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The Court is in receipt of a pro se “Request for Appropriate Relief” from Petitioner that

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seeks to (1) remove as counsel the Federal Public Defender for the District of Arizona, (2) dismiss

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the current federal habeas proceeding, and (3) issue an order of execution “by any means

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available” within thirty days. This Court lacks the jurisdiction to issue a death warrant and such a

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request must be made to the Alameda County Superior Court. Currently, Petitioner’s execution is

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stayed by Order of this Court.
Before the Court acts on Petitioner’s motion, Petitioner’s counsel and Respondent shall

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have the opportunity to respond. Any such response is due on or before April 17, 2017. All

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responses shall be served directly on Petitioner. Petitioner may file a reply no later than May 17,

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2017.

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The Clerk shall serve this Order directly on Petitioner.

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IT IS SO ORDERED.

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Dated: March __, 2017
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HAYWOOD S. GILLIAM, JR.
United States District Judge