Dickey

Dickey v. Davis

Good Law
231 F. Supp. 3d 634·2017 WL 1239586·2017 U.S. Dist. LEXIS 5559
United States District Court, Eastern District of CaliforniaJanuary 13, 2017Case No. 1:06-cv-00357-AWI-SABCalifornia62,515 words

Opinion

Lead Opinion

Ishii, J.

DEATH PENALTY CASE

MEMORANDUM AND ORDER:

(1) DENYING REQUEST TO STRIKE SECOND AMENDED ANSWER (DOC. NO. 128); (2) DENYING REQUEST FOR FACTUAL DEVELOPMENT (DOC. NOS. 116, 128); (3) DENYING GUILT PHASE CLAIMS (DOC. NOS. 51, 51-1); (4) SETTING CASE MANAGEMENT CONFERENCE; and (5) DIRECTING THE COURT CLERK TO SUBSTITUTE WARDEN RON DAVIS AS RESPONDENT

Petitioner Colin Raker Dickey is a state prisoner, sentenced to death, proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . He is represented in this action by appointed counsel David Senior, Ann Tria and Matthew Weston.

Respondent Ron Davis is named as Warden of San Quentin State Prison. He is represented in this action by Brian Smiley and Justain Riley of the Office of the California Attorney General.

Before the court for decision are i) petitioner’s request to strike respondent’s second amended answered filed September 10, 2014, ii) petitioner’s record based guilt phase claims I, II (portions), IV, VIII, XII (portions), XIII, XIV, XV, XVI, XVII, XVIII, XIX, XXI, XXII, XXIII, xxrv, *653 XXVI and XXVIII, including subclaims, 2 and iii) petitioner’s request for factual development of claims 11(B), 11(C),…

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