Opinion
Case Number 3-6-cv-7254-CRB
11-03-2011
Michael James HUGGINS, Petitioner, v. Michael MARTEL, Acting Warden of San Quentin State Prison,1 Respondent.
DEATH-PENALTY CASE
INITIAL CASE-MANAGEMENT ORDER
On September 23, 2011, the Court appointed counsel for Petitioner in this capital habeas action. (Doc. No. 8.) Good cause appearing therefor, the Court enters this Initial Case-Management Order. Cf. Habeas L.R. 2254-26; Habeas L.R. 2254-27.
Within forty-five days from the date of this Order, the parties shall meet and confer to prepare, and shall file, a joint case-management statement and proposed order. In the statement, the parties shall discuss their preliminary views of anticipated proceedings in the present action. The statement shall include a proposed schedule for briefing any motion for equitable tolling of the statute of limitations, and proposed schedules for briefing any other motions that must be addressed prior to the filing of a finalized petition in the event that equitable tolling is granted; unless otherwise ordered, such motions will be decided on the papers.
In capital habeas actions, "[t]he term 'finalized petition' shall refer to the petition filed by retained or appointed counsel. . . ." Habeas L.R. 2254-28(a).
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Within forty-five days from the date of this Order, Respondent shall lodge with the Court two electronic copies (compact discs) of the material enumerated in Habeas Local Rule 2254-27(a). One copy shall be sent to chambers; the other copy shall be sent to the Court's Death Penalty Staff Attorney assigned to this action, George 0. Kolombatovich. Respondent shall not lodge any paper copies.
It is so ordered.
GHARLES R. BREYER
United States District Judge