In re: Kermit Alexander, et al v. USDC-CASF
| UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO |
| KEVIN COOPER, KERMIT ALEXANDER, RAYNARD PAUL CUMMINGS, TIEQUON AUNDRAY COX, SCOTT LYNN PINHOLSTER, ALBERT CUNNINGHAM, ROYAL HAYES, RICHARD GONZALES SAMAYOA, DAVID A. RALEY, RONALD LEE DEERE, RONALDO AYALA, MICHAEL ANGELO MORALES, ALBERT GREENWOOD BROWN, ANTHONY J. SULLY, RALPH M. DIAZ, Acting Secretary for the California Department of Corrections and Rehabilitation, CONRAD ZAPIEN, WILLIAM CHARLES PAYTON, RONALD DAVIS, Warden of San Quentin Prison, GAVIN NEWSOM, Governor of the State of California, HARVEY LEE HEISHMAN III, ROBERT G. FAIRBANK, HECTOR JUAN AYALA, RICHARD DELMER BOYER, MITCHELL CARLTON SIMS, JOHN LOUIS VISCIOTTI and DOUGLAS S MICKEY |
| BRADLEY WINCHELL and In re: KERMIT ALEXANDER |
| 19-70232 |
| January 22, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 15 Added attorney Aseil H. Mohmoud for Gavin Newsom Ronald Davis Ralph M. Diaz, in case 19-70232. [11226598] (RR) [Entered: 03/13/2019 03:32 PM] |
| Filing 14 Filed (ECF) notice of appearance of Aseil Mohmoud for Real Parties in Interest Ralph M. Diaz, Ronald Davis and Gavin Newsom. Date of service: 03/13/2019. (Party previously proceeding without counsel: No) [11226099] [19-70232] (Mohmoud, Aseil) [Entered: 03/13/2019 12:59 PM] |
| Filing 13 Filed order (BARRY G. SILVERMAN and RICHARD C. TALLMAN): Petitioners on January 22, 2019 filed a mandamus petition, seeking an order vacating all stays of execution and associated prohibitions of preparatory actions ordered by the district court. See Petition (DE #[ # 1 ]) at 31. On February 5, 2019, a motions panel (1) ordered responses and a reply to the mandamus petition; and (2) directed the Clerk to refer the mandamus petition (19-70232) for decision to the same panel assigned to Kevin Cooper, et al v. Edmund Brown, No. 18-16547 (the prosecutors appeal from the same underlying district court case). On February 19, 2019, Petitioners in the mandamus action, filed a Motion For Partial Stay (DE #[ # 7 ]), seeking to stay the district courts orders to the extent they enjoin mere preparatory activities needed for the resumption of executions in California. See Motion at 1. The Appellate Commissioner on February 26, 2019 referred the Motion For Partial Stay to the merits panel. Petitioners move for reconsideration of the order referring the Motion For Partial Stay to the merits panel. Petitioners motion for reconsideration (DE #[ # 9 ]) is GRANTED. The Appellate Commissioners February 26, 2019 order, to the extent that it referred the Motion For Partial Stay to the merits panel, is vacated. Petitioners Motion For Partial Stay (DE #[ # 7 ]) seeking a temporary stay, until the merits panel decides the underlying mandamus petition, of the district courts orders that prohibit preparatory actions needed for the resumption of executions in California is DENIED. Real Parties in Interest - Plaintiffs opposed motion (DE #[ # 10 ]) to extend the time to respond to the Motion For Partial Stay is DENIED as moot. In all other respects, the Appellate Commissioners February 26, 2019 order remains in effect. The responses by Real Parties in Interest to the mandamus petition are due March 28, 2019. Absent extraordinary circumstances, no further extension of time will be granted for Real Parties in Interest to respond. The district courts optional response to the mandamus petition is due March 28, 2019. The responses shall not exceed 8,400 words. Petitioners may file a reply, not to exceed 4,200 words, by April 11, 2019. The Clerk shall serve the district judge with a copy of this order. [11218769] (HH) [Entered: 03/06/2019 04:47 PM] |
| Filing 12 Filed (ECF) Real Parties in Interest Ronald Davis, Ralph M. Diaz and Gavin Newsom response opposing motion ([ # 7 ] Motion (ECF Filing), [ # 7 ] Motion (ECF Filing)). Date of service: 03/01/2019. [11213503] [19-70232] (Igra, Misha) [Entered: 03/01/2019 03:34 PM] |
| Filing 11 Filed (ECF) Petitioners Kermit Alexander and Bradley Winchell response opposing motion ([ # 10 ] Motion (ECF Filing), [ # 10 ] Motion (ECF Filing)). Date of service: 03/01/2019. [11212696] [19-70232] (Scheidegger, Kent) [Entered: 03/01/2019 10:36 AM] |
| Filing 10 Filed (ECF) Real Party in Interest Michael Angelo Morales Motion to extend time to file opposition until 03/28/2019. Date of service: 02/28/2019. [11212242] [19-70232] (Grele, John) [Entered: 02/28/2019 05:41 PM] |
| Filing 9 Filed (ECF) Petitioners Kermit Alexander and Bradley Winchell motion for reconsideration of non-dispositive Appellate Commissioner Order of 02/26/2019. Date of service: 02/28/2019. [11210946] [19-70232] (Scheidegger, Kent) [Entered: 02/28/2019 09:32 AM] |
| Filing 8 Filed order (Appellate Commissioner): Real Parties in Interest - Defendants move to extend the time to March 28, 2019 to respond to the pending mandamus petition. Real Parties in Interest - Plaintiffs join in the motion. The motion to extend time (DE #[ # 5 ]), opposed by Petitioners, is granted. The responses by the Real Parties in Interest shall be filed by March 28, 2019. The district courts optional response, if any, is due by March 28, 2019. The responses shall not exceed 8,400 words. Further extensions of time to file the responses are strongly disfavored. Petitioners may file a reply, not to exceed 4,200 words, by April 11, 2019. Petitioners Motion For Partial Stay (DE #[ # 7 ]) is referred to the merits panel for whatever consideration it deems appropriate. The Clerk shall serve the district court judge with a copy of this order. Pursuant to this Courts February 5, 2019 order, the Clerk shall refer 19-70232 for decision to the same panel (yet to be) assigned to Kevin Cooper, et al v. Edmund Brown, No. 18-16547. (Death Penalty) [11208830] (OC) [Entered: 02/26/2019 04:55 PM] |
| Filing 7 Filed (ECF) Petitioners Kermit Alexander and Bradley Winchell Motion to stay lower court action. Date of service: 02/19/2019. [11200070] [19-70232] (Scheidegger, Kent) [Entered: 02/19/2019 04:14 PM] |
| Filing 6 Filed (ECF) Real Parties in Interest Albert Greenwood Brown, Tiequon Aundray Cox and Michael Angelo Morales response joining motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing)). Date of service: 02/19/2019. [11200065] [19-70232] (Senior, David) [Entered: 02/19/2019 04:12 PM] |
| Filing 5 Filed (ECF) Real Parties in Interest Ronald Davis, Ralph M. Diaz and Gavin Newsom Motion to extend time to file a response until 03/28/2019. Date of service: 02/14/2019. [11190818] [19-70232] (Igra, Misha) [Entered: 02/14/2019 03:08 PM] |
| Filing 4 Filed order (SUSAN P. GRABER and M. MARGARET MCKEOWN) Within 21 days of this order, Real Parties in Interest shall, and the district court may, file a response to the petition for the extraordinary writ of mandamus. A response shall not exceed 8,400 words. Within 14 days after service of the response, Petitioners may file a reply. The reply, if any, shall not exceed 4,200 words. The Clerk shall refer this mandamus petition for decision to the same panel assigned to Kevin Cooper, et al v. Edmund Brown, No. 18-16547. [11179131] (OC) [Entered: 02/05/2019 09:25 AM] |
| Filing 3 Added attorney Misha Igra for Gavin Newsom Ronald Davis Ralph M. Diaz, in case 19-70232. [11165722] (RR) [Entered: 01/24/2019 03:15 PM] |
| Filing 2 Filed (ECF) notice of appearance of Misha D. Igra for Real Parties in Interest Ronald Davis, Ralph M. Diaz and Gavin Newsom. Date of service: 01/24/2019. (Party previously proceeding without counsel: No) [11165161] [19-70232] (Igra, Misha) [Entered: 01/24/2019 11:55 AM] |
| Filing 1 FILED PETITION FOR WRIT OF MANDAMUS. DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. NOTIFIED REAL PARTIES IN INTEREST OF FILING. [11162345] (BY) [Entered: 01/22/2019 05:15 PM] |
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