FILED
U.S. DISTRICT COURT
IN THE UNITED SfATFS [JISTRICT COURT DISTRICT OF WYOMING
FOR THE DISTRICT OF WYOMING
JAN 20 2005
Betty A. Griess, Clerk
Cheyenne
1'1 THE MATTER OF CASES ARISING
tNDER 28 U.S.c. §2254 BROUGHT BY GENERAL ORDER
PRISONERS IN STATE CUSTODY CONCERNING FEDERAL
SUB.JECT TO A CAPITAL SENTENCE HABEAS DEATH
PENALTY CASES
To achieve unifonnity in the treatment of federal habeas death penalty cases in this
di.>irict and to infonn counsel in advance of the Court's expectations, the Court establishes the
ktllowing procedures:
~.Jencral Procedures
1. A case file will be opened upon the filing of a document requesting the appointment of
an .',ttorney for the purpose of filing a habeas corpus case or upon the filing of a petition pursuant
LO 28 U.S.C. §2254.
2. Once the case is opened, and a district court judge is assigned, the Court shall:
a. Review requests to proceed in forma pauperiS, if any;
b. Appoint counsel, if appropriate; and
c. Transfer the case to the magistrate judge to conduct a case
management/litigation budget conference.
). Once the case has been transferred to the magistrate judge, a conference shall be
scheduled to complete the following:
a. ConsIder requests to appoint additional counsel, if necessary;
b. Hold a case management/litigation budget conference to set deadlines for filing
of pleadings and other matters, and make a record of said deadlines and any
objections thereto through the use of an official court reporter;
c. Hold an in camera budget review of the Petitioner's proposed litigation budget
in the event he/she has an attorney appointed under the Criminal Justice Act and
issue an order approving such budget, if appropriate; and
d. Transfer the case back to the appointed district court judge.
4. The appointed district court judge wi 11 conduct any necessary evidentiary hearings and
issue any dispositive rulings in the case, review the decisions of the magistrate judge, particularly
those relating to the Petitioner's proposed litigation budget, hear any appeals therefrom, and
assume the management of the case.
Administrative Issues
1. The Petitioner and Respondent will each be responsible for designating the relevant
portions of the state record they deem necessary for the district court's review. This will also be
the record which is submitted to the Tenth Circuit on appeal, should an appeal be necessary.
2. Unless otherwise ordered, the district court will not accept the original state court
record, transcripts or exhibits, but instead will require that a certified copy of the records and
transcripts be provided at the Respondent's expense. The Court will further request that
photographs of any relevant evidence be provided in lieu of the actual evidentiary item.
3 Any requests to view the state court record must be made to the state court. The
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certified copy made for theJPistrict court's use will not be available to the public.
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Dated this _O{_tv_ day of~ 2881.
William F. Downes
CHIEF UNITED STATES DISTRICT JUDGE
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Clarence A. Brimmer ~
V.
UNITED STATES DISTRICT JUDGE
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William '. Beaman
TES MAGISTRATE JUDGE
