Opinion
No. CIV S-97-2167-MCE-CMK, DEATH PENALTY CASE.
October 3, 2008
ORDER
Petitioner, a state prisoner proceeding with appointed counsel, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This case proceeds on the amended petition filed on October 30, 2003 (Doc. 55). Respondent filed his answer on April 30, 2004 (Doc. 61). Respondent's motion to dismiss (Doc. 68) has been resolved and Phase II of this litigation is now complete. This case will now be set for a Phase III case management conference. The parties need not file any case management conference statements and may appear by telephone.
At the Phase III case management conference, the court will address briefing on the merits of the remaining claims presented in the amended petition. Merits briefing entails submission by both parties of comprehensive memoranda of points and authorities addressing the remaining claims. In preparation for the case management conference, the parties should consider whether the merits of any of the remaining claims can be resolved on the existing record without the need for fact development. The court will also address briefing on any motions for further factual development (i.e., discovery, record expansion, evidentiary hearing).
Accordingly, IT IS HEREBY ORDERED that a Phase III case management conference is set for October 22, 2008, at 10:00 a.m. before the undersigned in Redding, California.