Johnson v. Cain

Filing 48

ORDER. Signed by Magistrate Judge Joseph H L Perez-Montes on 9/17/2019. (crt,Tice, Y)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION

b

DEANDRE JOHNSON,
Petitioner

CIVIL ACTION NO. 1:13-CV-03136

VERSUS

CHIEF JUDGE DRELL

N. BURL CAIN,
Respondent

MAGISTRATE JUDGE PEREZ-MONTES

MINUTE ENTRY ORDER
A telephone conference was held this day before the undersigned. Present were
Avoyelles Parish A.D.A. Andrea Aymond for Respondent (standing in for District
Attorney Charles Riddle), and Cristie Gibbens for Petitioner.
Counsel for Petitioner was appointed for the limited purpose of assisting
Petitioner in obtaining a complete record, possibly during an evidentiary hearing to
reconstruct the trial transcript of this case. See Rule 8(c) of the Rules Governing
Habeas Corpus Cases under Section 2254. That transcript was subsequently located
and filed by Respondent. Aside from the filing of any supplemental record excerpts,
including the photos referenced below, the record is now complete. Therefore, after
the deadline to supplement set below, counsel’s appointment will no longer be
necessary or appropriate, and she must withdraw from the case.

Should an

evidentiary hearing become necessary in the future, Ms. Gibbens may be reappointed
to represent Petitioner.
Accordingly, IT IS ORDERED that counsel for Petitioner SHALL FILE a
Motion to Withdraw on or before October 8, 2019.

Also, the photocopies of the photographs that are currently in the state court
record are indecipherable and virtually useless to the Court. Counsel for Respondent
should search diligently for the original photographs, or for clear copies of the
photographs, and file them into the record.
Accordingly, if found, counsel for Respondent SHALL FILE the original
photographs, or clear copies of the photographs, as a supplement to the state court
record, on or before October 1, 2019.
17th
THUS DONE AND SIGNED in chambers in Alexandria, Louisiana, this _____
day of September, 2019.
______________________________
Joseph H.L. Perez-Montes
United States Magistrate Judge

2