Petitioner is a state prisoner proceeding pro se. He has filed applications for leave to proceed in forma pauperis, for appointment of counsel, and for a stay of execution.
Good cause appearing, IT IS HEREBY ORDERED as follows:
1. Petitioner's request to proceed in forma pauper is granted.
2. Petitioner's application for appointment of counsel is granted. Michael Laurence, Executive Director of the Habeas Corpus Resource Center ("HCRC"), and Kevin Bringuel, also of HCRC, are appointed to represent petitioner pursuant to 18 U.S.C. § 3599. See Local Rule 191(c).
3. Petitioner's request for a stay of execution is denied at this time as unnecessary and without prejudice in light of the fact that no execution date has been set.
4. On May 8, 2012 at 10:00 a.m. in courtroom #27, this court will hold a case management conference. Petitioner's counsel shall be prepared to discuss the setting of a date for filing of the federal habeas petition. Respondent's counsel shall be prepared to discuss the setting of a date for the lodging of the state court record as described in Local Rule 191(h)(1), as well as a date for the filing of the answer or other responsive pleading.
5. At the conclusion of the case management conference, respondent's counsel will be excused and the conference will continue ex parte with counsel for petitioner present to discuss budgeting procedures. Petitioner's counsel shall bring to the budgeting conference a completed Case Evaluation Form and a completed Rate Justification Worksheet. A copy of the Case Evaluation Form is attached. The Rate Justification Worksheet is Appendix A to the "Judicial Council of the Ninth Circuit Amended CJA Capital Habeas Costs Policy," found on this court's website at www.caed.uscourts.gov, under Sacramento, Attorney Info, Forms, CJA.
6. In addition to serving this order upon counsel, the Clerk of the Court is directed to serve it upon Kurt Heiser, CJA Administrator, Office of the Federal Defender for the Eastern District of California.
CONFIDENTIAL CASE EVALUATION FORM
The answers on this form are for case management and budgeting purposes only and will not be binding in any respect on substantive issues to be raised in the course of litigation. NAME OF ATTORNEY(S): Lead Counsel: Co-Counsel:
1. Did either lawyer participate in any part of Petitioner's state proceedings?
G No -- proceed to question 2. G Yes (indicate which lawyer) ______________ If yes, in what aspects of the case?
2. Was a state habeas petition involving the same conviction and sentence filed? G No G Yes If yes: Date filed:_____________ Disposition &
3. Was investigation performed at the state level?
GYes GNo If yes, what was the purpose?
4. Were funds requested at the state level for post-conviction investigation? G No - Reason:
Amount Amount Purpose Requested Authorized
5. Was discovery requested at the state level? ...