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Majors v. Warden

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


July 9, 2010

JAMES DAVID MAJORS, 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

The court heard petitioner's motion for discovery and held a status conference on July 8, 2010.*fn1 Allison Claire appeared for petitioner. Richard Neuhoff appeared telephonically for petitioner. Daniel Bernstein appeared for respondent. Upon review of the motion and the documents in support and opposition, and upon hearing the arguments of counsel and good cause appearing therefor, the court announced the following orders to the parties in open court:

1. By July 19, 2010, respondent shall file a statement which: (a) proposes language which would more narrowly tailor petitioner's subpoenas seeking Ms. Hogue's mental health records and law enforcement records regarding Ms. Hogue and Mr. Reese; and (b) explains whether respondent will assert procedural default bars to any claims for which petitioner seeks discovery. By August 5, 2010, petitioner may file a response to items (a) and (b).

2. By July 19, 2010, petitioner shall inform the court whether Ms. Hogue is entitled to notice, and if so how that notice will be given, if the court finds good cause for the discovery of her mental health records.

3. After receipt of the filings described in paragraphs 1 and 2, the court will issue an order on petitioner's May 25, 2010 Motion for Discovery.

4. By July 26, 2010, respondent shall lodge the state court record as described in Local Rule 191(j)(1). By December 27, 2010, respondent shall file an answer which addresses the merits of all claims and asserts any procedural defenses. In addition, respondent shall file any motion to dismiss claims on procedural grounds.


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