(DP) Cornwell v. Ylst, No. 2:2006cv00705 - Document 34 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/02/10 RECOMMENDING that the stay of these proceedings be lifted. Referred to Judge John A. Mendez. Objections due within 21 days. Also, ORDERING on 03/18/10 a t 10:00 a.m. in courtroom 25, this court will hold a case management conference. 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 and Sandy Andrews, Research and Policy Analyst, Office of the Circuit Executive. (cc: Kurt Heiser and Sandy Andrews)(Plummer, M)

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(DP) Cornwell v. Ylst Doc. 34 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GLENN CORNWELL, JR., 11 12 13 Petitioner, No. 2:06-cv-00705 JAM KJN DP vs. DEATH PENALTY CASE WARDEN, San Quentin State Prison, 14 ORDER & FINDINGS AND RECOMMENDATIONS Respondent. 15 16 / Petitioner has informed the court that the California Supreme Court resolved his 17 state habeas petitions and thus “exhaustion, as defined in this Court’s Order of March 26, 18 2007 (Docket No. 22) is now completed.” (Pet’r’s Feb. 25, 2010 Status Report at 3.) 19 Accordingly, IT IS HEREBY RECOMMENDED that the stay of these proceedings be lifted. 20 These findings and recommendations are submitted to the United States District 21 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 22 one days after being served with these findings and recommendations, any party may file written 23 objections with the court and serve a copy on all parties. Such a document should be captioned 24 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 25 objections shall be filed and served within fourteen days after service of the objections. The 26 parties are advised that failure to file objections within the specified time may waive the right to 1 Dockets.Justia.com 1 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 2 In addition, IT IS HEREBY ORDERED as follows: 3 1. On March 18, 2010 at 10:00 a.m. in courtroom #25, this court will hold a case 4 management conference. Petitioner’s counsel shall be prepared to discuss whether petitioner 5 anticipates filing an amended petition. Respondent’s counsel shall be prepared to discuss a date 6 to lodge the state court record as described in Local Rule 191(j)(1) and a date for filing the 7 answer or other responsive pleading. In addition, in advance of the conference, both parties shall 8 review the case management and budgeting procedures set out in the attached “Guide to Case 9 Management and Budgeting in Capital Habeas Cases.” 10 2. At the conclusion of the case management conference, respondent's counsel 11 will be excused and the conference will continue ex parte with counsel for petitioner present to 12 discuss budgeting procedures. Petitioner’s counsel shall bring to the budgeting conference a 13 completed Case Evaluation Form, Appendix B to the attached Guide. 14 3. In addition to serving this order upon counsel, the Clerk of the Court is 15 directed to serve it upon Kurt Heiser, CJA Administrator, Office of the Federal Defender; and 16 Sandy Andrews, Research and Policy Analyst, Office of the Circuit Executive. 17 DATED: March 2, 2010 18 19 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 20 21 cornw ell cmc 1.or 22 23 24 25 26 2

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