(DP) Contreras v. Davis ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JORGE CONTRERAS, Old Case No. 1:19-cv-01523-JLT-SAB New Case No. 1:19-cv-01523-JLT 12 Petitioner, DEATH PENALTY CASE 13 v. ORDER FOLLOWING CASE 14 RON BROOMFIELD, Warden of California REASSIGNMENT State Prison at San Quentin, 15 Respondent.1 16 17 On January 9, 2023, Kimberly J. Mueller, Chief United States District Judge for the 18 Eastern District of California, reassigned the case from District Judge Anthony W. Ishii to the 19 undersigned. The court, having reviewed and considered the record and in furtherance of its 20 case management responsibilities and for good cause shown, finds and directs as follows: 21 1. The reference to United States Magistrate Judge Stanley A. Boone (Doc. No. 22 10) is VACATED. The new case number for this action, which must be used on all 23 documents filed with the court, is: 1:19−CV−01523−JLT. All future pleadings and/or 24 correspondence must be so numbered. The parties are advised that use of an incorrect case 25 number, including initials, may result in a delay of documents being processed and copies 26 thereof being correctly distributed and received by the appropriate judicial officer. 27 1 Ron Broomfield, appointed as warden of San Quentin State Prison in September 2021, is substituted as 1 2. Petitioner’s Objections to the Magistrate Judge’s Order regarding the request to 2 | seal an ex parte motion to stay the case (Doc. No. 120), having been rendered moot by the 3 | vacated reference to the Magistrate Judge, is DENIED on that basis. 4 3. The joint motion for expedited remote status conference with the district court 5 | (Doc. No. 122) is DENIED at this time. 6 4. Instead, counsel for petitioner, Brian Pomerantz and Craig Cooley, and counsel 7 | for respondent, Deputy Attorney General Christina Hitomi Simpson, are directed to file a joint 8 | status report within 10 days. The report SHALL include the parties’ position as to the Court 9 | issuing an amended case schedule—and proposing new dates—and the need for further tolling 10 | of the 28 U.S.C. § 2244(d)(1) petition filing deadline under the standard set out in Holland v. 11 | Florida, 560 U.S. 631 (2010). Petitioner may separately raise any necessarily related Criminal 12 | Justice Act funding issue ex parte and under seal. 13 5. The parties will be advised by minute order should the court find it necessary to 14 | set a status conference. 15 6. All currently set dates and deadlines in the case remain in full force and effect. 16 7 IT IS SO ORDERED. 1g| Dated: _January 13, 2023 ears [Tourn TED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28