Woodford

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES D. RIEL, No. 2:01-cv-0507 MCE DB Petitioner, DEATH PENALTY CASE v. WARDEN, San Quentin State Prison, ORDER Respondent. 16 On June 19, 2020, the undersigned held a status conference and heard argument on petitioner’s motion to vacate the order granting respondent the right to depose petitioner. Bob Bacon and Carrie Ward appeared for petitioner. Heather Gimle appeared for the respondent. For the reasons set forth below, the court will direct the parties to submit a joint statement and deny the motion to vacate. PETITIONER’S MOTION TO VACATE I. Background In 2009, this action was proceeding toward an evidentiary hearing on claims 2, 5, 6, and 9 of petitioner’s amended petition. In preparing for the hearing, respondent sought to depose petitioner. Petitioner was opposed to allowing respondent to take Mr. Riel’s deposition. The magistrate judge then assigned to this action ruled that good cause…