Marks v. Martel

Filing 57

ORDER RE CASE MANAGEMENT CONFERENCE. Signed by Judge Lucy H. Koh on 8/6/2015. (lhklc3, COURT STAFF) (Filed on 8/6/2015)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION United States District Court Northern District of California 11 12 DELANEY GERAL MARKS, Petitioner, 13 v. 14 15 16 RON DAVIS, Acting Warden of California State Prison at San Quentin, Case No. 11-CV-02458-LHK DEATH PENALTY CASE ORDER RE CASE MANAGEMENT CONFERENCE Respondent. 17 18 The Court is in receipt of the parties’ joint case management statement in preparation for 19 the case management conference scheduled to be held on August 13, 2015, at 1:30 p.m. Absent an 20 extraordinary reason, the Court is not inclined to entertain Petitioner’s potential motion for leave 21 to file a motion for reconsideration of the Court’s Order of June 25, 2015. 22 The Court has also reviewed the Petition and other records in this matter. For the purposes 23 of efficiency, and to avoid the need for oversize briefs, the Court hereby ORDERS the parties to 24 meet and confer and submit a briefing schedule to resolve the record-based claims in the Petition.1 25 Furthermore, Jones v. Chappell, 31 F. Supp. 3d 1050 (C.D. Cal. 2014), which held that inordinate 26 1 27 28 The parties originally agreed that Petitioner would file a motion for evidentiary hearing on all claims; the Court finds that is not the most prudent way to proceed at this juncture. 1 Case No. 11-CV-02458-LHK ORDER RE CASE MANAGEMENT CONFERENCE 1 delay in California’s death system violates the Eighth Amendment’s prohibition against cruel and 2 unusual punishment, is currently on appeal to the Ninth Circuit. Since Jones may impact 3 Petitioner’s penalty phase claims, the parties should first brief Petitioner’s record-based guilt 4 phase claims. 5 The parties’ proposed litigation schedule should be submitted to the Court no later than 6 Tuesday, August 11, 2015. 7 IT IS SO ORDERED. 8 9 Dated: August 6, 2015 ______________________________________ LUCY H. KOH United States District Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No. 11-CV-02458-LHK ORDER RE CASE MANAGEMENT CONFERENCE

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