Rieman v. Gilbert

Filing 66

ORDER that the evidentiary hearing is re-scheduled for 4/5/2018 at 09:00 AM. The parties shall submit briefs and exhibits no later than 3/30/18. **SEE ORDER FOR FURTHER DETAILS** Signed by Magistrate Judge J Richard Creatura. (CMG)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

8
9
10

ERIN DEAN RIEMAN,
Petitioner,

11
12
13
14

CASE NO. 3:16-CV-05250-RBL-JRC

ORDER RE: EVIDENTIARY
HEARING

v.
MARGARET GILBERT,
Respondent.

15
16

The District Court has referred this petition for a writ of habeas corpus to United States

17

Magistrate Judge J. Richard Creatura. The Court’s authority for the referral is 28 U.S.C. §

18

636(b)(1)(A) and (B), and local Magistrate Judge Rules MJR3 and MJR4. Petitioner filed the

19

petition pursuant to 28 U.S.C. § 2254.

20

The Court originally ordered that an evidentiary hearing be held on March 8, 2018. Dkt.

21

50. However, respondent filed an objection and an appeal to that order, which was referred to the

22

Honorable Ronald B. Leighton. Dkt. 51. While that objection was pending before Judge

23

Leighton, the Court held a telephone conference with the parties, ultimately determining that the

24

ORDER RE: EVIDENTIARY HEARING - 1

1

hearing date and several motions pertaining to the evidentiary hearing would be stricken pending

2

Judge Leighton’s determination. Dkt. 63. Judge Leighton ultimately denied respondent’s

3

objections, allowing the Court to proceed with the evidentiary hearing. Dkt. 64.

4

Therefore, it is ORDERED:

5

1) An evidentiary hearing is re-scheduled for April 5, 2018 at 9:00 a.m. The parties are

6

directed to appear at Courtroom D of the United States District Court at Tacoma,

7

1717 Pacific Avenue, Tacoma, WA 98402, at that time. The Court anticipates the

8

hearing to take approximately 3 hours. The parties are directed to notify the Court if

9

they believe more time will be necessary.

10

2) If this date does not work for a party, the parties must confer and propose an

11

alternative date. The parties must then notify the Court by contacting the

12

undersigned’s judicial assistant, Sandy Huntington, at

13

[e-mail] or by telephone at 253-882-3780.

14

3) The parties shall arrange for petitioner’s presence.

15

4) At the evidentiary hearing, the Court will only entertain evidence pertaining to
petitioner’s claim that his Alford plea was coerced and therefore involuntary. 1

16
17

5) The parties shall submit briefs and exhibits no later than March 30, 2018. The briefs

18

should address the legal issue before the Court and list the witnesses the parties will

19

call.

20

6) The parties shall number all exhibits sought to be admitted and deliver a copy to

21

chambers no later than March 30, 2018. Before the hearing, the parties shall confer

22

on the admissibility of exhibits and other evidence and inform the Court which

23
1

24

The Court will rule on petitioner’s motion to allow affidavits (Dkt. 52) and motion to expand record (Dkt.
53) in a separate order.

ORDER RE: EVIDENTIARY HEARING - 2

1

exhibits are objected to, as well as the basis for the objection. If a party will refer to

2

portions of the record that require transcription, such as the plea or sentencing

3

hearings, those portions should be obtained and submitted.

4

7) The Clerk is directed to provide a copy of this order to the parties and to the

5

Honorable Ronald B. Leighton.

6

Dated this 6th day of March, 2018.

A

7
8

J. Richard Creatura
United States Magistrate Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

ORDER RE: EVIDENTIARY HEARING - 3