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Cornwell v. Warden

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 18, 2010

GLENN CORNWELL, JR., PETITIONER,
v.
WARDEN, SAN QUENTIN STATE PRISON, RESPONDENT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

DEATH PENALTY CASE

ORDER

On February 22, 2007, petitioner filed a "protective" petition for writ of habeas corpus and a request to stay the federal proceedings pending exhaustion of his state remedies. (Dkt. Nos. 15 and 16.) These federal proceedings were stayed until recently when petitioner's counsel informed the court that exhaustion is complete. (Dkt. No. 33.) The undersigned recommended lifting the stay and scheduled a case management conference, which was held on March 18, 2010. (Dkt. No. 34.) At the conference, Richard Ellis appeared for petitioner. Tami Krenzin appeared for respondent. At the conclusion of that conference, counsel for respondent was excused, and the undersigned conducted an ex parte budgeting conference with counsel for petitioner. A separate, sealed order will issue regarding matters discussed at the budgeting conference.*fn1

Based on the representations of counsel, and good cause appearing, IT IS HEREBY ORDERED as follows:

1. Within thirty days of the filed date of this order respondent shall lodge the state court record and file an index in conformance with Local Rule 191(j)(1).

2. By February 9, 2011, petitioner shall file his first amended petition. This date is based on petitioner's counsel's representation of the time it will take him to familiarize himself with the case and prepare an amended petition. Petitioner's counsel is advised that by setting this date, the court takes no position on any issues regarding the statute of limitations.

3. After the petition is filed, the court will order a case management conference to set a date for respondent to file the answer or motion to dismiss.


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