Schedule of Proceedings for Considering the Finalized Petition (a) Presumptive Schedule. Unless the Judge summarily dismisses the petition under Rule 4 of the Rules Governing § 2254 Cases, the followi

(b) Meet and Confer Regarding Exhaustion. If the respondent contends that any claims in the petition are unexhausted and declines to waive exhaustion, counsel for the respondent shall make a good faith effort to confer with counsel for the petitioner regarding the exhausted status of each such claim. Unless relieved by written order of the Court upon good cause shown, counsel for the petitioner shall confer with counsel for the respondent within 14 days after service of a letter from the respondent requesting such a conference. The letter shall identify each claim USDC Habeas Corpus Local Rules – Revised July 2, 2012 HAB-7 that respondent contends is unexhausted, specify the basis for asserting that the claim is unexhausted and provide any legal authority that the respondent contends is dispositive of the exhausted status of that claim.

(c) Motion Regarding Exhaustion. If, after the conference held pursuant to Habeas L.R. 2254-29(b), the parties continue to dispute the exhausted status of one or more claims, then no later than forty-five (45) days after service of the petition, the respondent shall file a motion asking the Court to determine the status of the claim(s). In connection with any motion relating to exhaustion disputes, the parties shall file a joint statement identifying: (1) The claims the parties agree are exhausted; (2) The claims the parties agree are not exhausted; and (3) The claims as to which the parties disagree on exhaustion. (d) Answer and Request for Case Management Conference.

Within forty-five (45) days from the service of the finalized petition, or, if the respondent has filed a motion pursuant to Habeas L.R. 2254-29(c), then within such time as the Court may order, the respondent shall file an answer to the petition and may file accompanying points and authorities. The answer shall conform to Rule 5 of the Rules Governing § 2254 Cases. Concurrently with the filing of the answer, the respondent shall file a request that a case management conference be held within forty-five (45) days. (e) Meet and Confer Regarding Case Management Conference Statement.

No later than fourteen (14) days prior to the date set by the Court for a case management conference, counsel for the petitioner and the respondent shall meet and confer to prepare a joint statement setting forth the parties’ positions regarding: (1) The status of any claims the respondent identifies as procedurally defaulted, and the appropriate procedure for addressing those claims; (2) The scheduling of motions for any evidentiary hearings; and (3) The scheduling of any other pleadings or proceedings necessary for resolving the petition, including motions for summary judgment. (f) Filing of Joint Statement. No later than seven (7) days prior to the case management conference, counsel for the petitioner and the respondent shall file the joint statement for the Case Management Conference. (g) Case Management Conference.

At the Case Management Conference, the Court shall set a schedule for: (1) resolving any issues of procedural default; (2) motions for evidentiary hearings; and (3) any other pleadings or proceedings necessary for resolving the petition, including motions for summary judgment. (h) Discovery. No discovery pursuant to Fed. R. Civ. P. 26-37 shall be had without leave of the Court. Any permitted discovery shall comply with the Federal Rules of Civil Procedure and the Local Rules of this Court.

(i) Request for Evidentiary Hearing. A request for an evidentiary hearing shall include: (1) A specification of which issues require a hearing; (2) A discussion of the legal basis for holding a hearing on each issue; and USDC Habeas Corpus Local Rules – Revised July 2, 2012 HAB-8 (3) A summary of the evidence the party proposes to offer. (j) Evidentiary Hearing. The Court will determine whether an evidentiary hearing will be held.

If an evidentiary hearing is held and any party orders a transcript, the transcript will be prepared and immediately provided to the petitioner and to the respondent for use in such briefing and argument as the Court may order. (k) Oral Argument. If no evidentiary hearing is held, the Court will determine whether to set the matter for oral argument.