Broomfield

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANNY RAY HORNING, No. 2:10-cv-01932 DAD DB 12 Petitioner, DEATH PENALTY CASE 13 v. 14 RON BROOMFIELD, ORDER 15 Respondent. 16 17 On November 4, 2022, this court heard argument on petitioner’s Motion to Temporarily 18 Lift the Stay and Abeyance to Preserve Testimony. (See ECF No. 69.) Lissa Gardner appeared 19 for petitioner. Robert Gezi appeared for respondent. Petitioner seeks to temporarily lift the 20 present stay in order to preserve the testimony of five social history witnesses and eighteen guilt 21 phase witnesses. (ECF No. 58 at 17-18.) Petitioner also requests permission from the court to 22 “file the declarations of said witnesses in lieu of their live testimony” should any be too aged or 23 frail to be deposed. (Id. at 9.) Should the court grant petitioner’s motion, respondent requests 24 discovery thirty days prior to any deposition. (ECF No. 61 at 54-56.) 25 After considering the parties’ briefing, hearing the argument of counsel, and…