Opinion
CIV S-93-0306 LKK DAD DP, DEATH PENALTY CASE.
October 24, 2008
ORDER
Respondent in this capital federal habeas case, Warden S.W. Ornoski, has submitted a request to modify the scheduling order filed on August 14, 2008, regarding the appellate process claim. Petitioner opposes the request.
The status conference previously scheduled for November 5, 2008, is hereby continued to November 7, 2008 at 10:00 a.m. and will be held in conjunction with the hearing on respondent's recently filed motion to exclude and/or strike evidence with respect to petitioner's claim that he was denied meaningful appellate review by the California Supreme Court. In the event that motion is denied, the parties shall be prepared at the November 7, 2008, hearing to address any modification to the previously established schedule in this case necessitated by the hearing on the recently filed motion.
IT IS SO ORDERED.