Mulder v. MCDANIEL et al

Filing 47

ORDERED that each party shall file a pre-hearing brief as discussed above on or before June 20, 2011. IT IS FURTHER ORDERED that each party shall file its response to the other partys brief on or before June 30, 2011. Signed by Judge Philip M. Pro on 6/8/2011. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MICHAEL JOSEPH MULDER,

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Petitioner,

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vs.

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E.K. McDANIEL, et al.,

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Respondents.

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3:09-CV-00610-PMP-RAM
ORDER

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In this action brought under 28 U.S.C. § 2254, petitioner Mulder, through counsel, has made

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a motion for a stay pursuant to Rohan ex rel. Gates v. Woodford, 334 F.3d 803 (9th Cir. 2003), which

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requires a court to stay capital habeas proceedings upon a showing that the petitioner is incompetent.

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Docket ##18/19. For reasons set forth in this court’s order of January 11, 2011, Mulder has made a

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threshold showing sufficient to warrant a competency determination. Docket #43. As such the court

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has scheduled an evidentiary hearing, scheduled to commence on July 12, 2011, to determine

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whether Mulder is competent to proceed with this habeas action.

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In order to allow the court and the parties to prepare for that hearing, each party shall submit
pre-hearing briefs containing the following:

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(1)

A statement of facts to be proved at the hearing;

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(2)

Issues of law involved in the proceeding, including citations to the latest legal
authority;

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(3)

A list of the witnesses to be called at the hearing (specify if expert and what
field), a brief statement as to the substance of each witness’s testimony, and
an estimate of how much time will be required to present that testimony;

(4)

A list of documents and/or physical evidence and the intended purpose of
each;

(5)

Evidentiary issues counsel anticipates may arise and the legal authorities
counsel relies upon in support of his or her position; and

(6)

Any other matter that either party wishes to address relative to the hearing.

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Each party shall also file a response to the opposing party’s pre-hearing brief, which shall include

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opposing factual and legal contentions, as well as objections to evidence that the other party intends

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to present. The response shall also include stipulations to any matters or evidence as to which there

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is no genuine issue or which counsel does not intend to contest.

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IT IS THEREFORE ORDERED that each party shall file a pre-hearing brief as discussed
above on or before June 20, 2011.
IT IS FURTHER ORDERED that each party shall file its response to the other party’s brief
on or before June 30, 2011.

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DATED: June 8, 2011.

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_________________________________________
UNITED STATES DISTRICT JUDGE

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