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Milton Otis Lewis v. Robert Ayers

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


June 1, 2011

MILTON OTIS LEWIS, PETITIONER,
v.
ROBERT AYERS, WARDEN RESPONDENT.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

DEATH PENALTY CASE

There are just some expenses in a capital habeas proceeding that one is unable to anticipate. Such is the case with vouchers concurrently approved on May 27, 2011. The vast majority of all expenses have to do with allegations of petitioner's emergent incompetence to proceed in this habeas action. Of course, counsel did not anticipate these expenses by the very nature of the assertion, and therefore, could not budget for the prolonged proceedings entailed by the allegations nor the procedural sequellae of the court's rulings on the assertion. The expenses approved in the May 27, 2011 vouchers should not be counted against the submitted budget.

20110601

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