Clark v. Ayers

Filing 502

ORDER re 501 Status Report. Signed by Chief Judge James Ware on July 10, 2012. (wsn, COURT STAFF) (Filed on 7/10/2012)

LI

ER

A

N

7
8

FO

m
Judge Ja

H

6

LYNNE COFFIN
State Bar No. 121389
38 Miller Ave., #328
Mill Valley, CA 94941
[phone]

RT

5

es Ware

NO

4

D

RDERE

OO
IT IS S

R NIA

S
3

UNIT
ED

2

JOHN R. GRELE
State Bar No. 167080
149 Natoma, St, third
San Francisco, California 94105
[phone] (telephone)
[phone] (fax)

RT
U
O

1

S DISTRICT
TE
C
TA

F
D IS T IC T O
R

C

Attorneys for Petitioner
RICHARD DEAN CLARK

9
10
11

UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

13

SAN JOSE DIVISION

14
RICHARD DEAN CLARK,
15
Petitioner,
16
vs.
17
18
19

MICHAEL MARTEL, ActingWarden of
California State Prison at San Quentin,
California,

20
Respondent.

)
)
)
)
)
)
)
)
)
)
)
)
)

No. C-97-20618-JW

STATUS REPORT AND REQUEST RE
DISCOVERY

DEATH PENALTY CASE

21
Pursuant to the party's previous submission, discovery was to be completed and an evidentiary
22
hearing motion filed by June 12, 2012.
23
However, it was not possible to submit the motion by that date. Petitioner's counsel has been
24
involved in ongoing and extensive dissolution proceedings that have occupied most of his time. Those
25
proceedings concluded with a final order on June 20, 2012. In addition, Petitioner's counsel has been
26
involved in lethal injection litigation in three courts in the past six weeks. This litigation was
27
precipitated by private party and the Los Angeles District Attorney who has sought execution dates
28
despite a state court injunction preventing execution at present. The briefing in those matters that is

Status Report and Request for Amendment
No. C-97-20618-JW

1

going to be submitted by Petitioner's counsel has been completed and a hearing is set for July 13, 2012.

2
3

In light of the above, Petitioner's counsel requests that he be allowed to make his evidentiary
submission with any new evidence by July 10, 2012. Respondent's counsel agrees to this request.

4
Dated: June 23, 2012

Respectfully submitted,

5
JOHN R GRELE
LYNNE S. COFFIN
Attorneys for Petitioner
RICHARD DEAN CLARK

6
7
8

By:_____/s/___________________
John R Grele

9
10
11

Dated:

ALICE LUSTRE
Attorney for Respondent

12

By:_____/s/___________________

13
14
15

Pursuant to stipulation, IT IS SO ORDERED.
Dated: July 10, 2012

____________________________
JAMES WARE
United States Chief District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28

Status Report and Request for Amendment
No. C-97-20618-JW

2