Brian Charles Dubrin v. People of the State of California

Filing 90

MODIFIED ORDER GRANTING STIPULATED PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order 89 . See Order for details. (hr)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 WESTERN DIVISION 12 BRIAN CHARLES DUBRIN, Petitioner, 13 14 15 v. Case No. CV 10-1032-CJC (JC) (“2010 case”) MODIFIED ORDER GRANTING STIPULATED PROTECTIVE ORDER DAVE DAVEY, Custodian, California State Prison at Corcoran 16 Respondent. 17 18 19 20 21 GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED that the stipulated protective order is granted as modified. 1. Documents and materials from trial counsel’s file from Los Angeles 22 County Case number KA046040 shall be deemed confidential. These documents and 23 materials (hereafter “documents”) may be used only by the Court and by the parties to 24 this federal habeas litigation, namely (1) representatives from the Office of the 25 California Attorney General and (2) petitioner and his representatives at the Office of 26 the Federal Public Defender (hereafter “Parties”). These documents may be used by 27 28 1 the Parties only for purposes of any proceedings incident to litigating the claims 2 presented in the Petition for Writ of Habeas Corpus pending before this Court. 3 2. Testimony regarding conversations between petitioner and his defense 4 attorney, Ruben Garcia, relating to case number KA046040, including but not limited 5 to statements about the nature of the charges, potential defenses, defense strategy, any 6 consequences of conviction, Dubrin’s prior convictions and Dubrin’s willingness to 7 plead to any offense, may be used only by the Parties. Information disclosed during 8 such testimony may be used by the Parties only for purposes of any proceedings 9 incident to litigating the claims presented in the Petition for Writ of Habeas Corpus 10 pending before this Court. The Parties may use such information for purposes of 11 review or appeal of this Court’s ruling on the claims. 12 3. The Parties may not disclose the information described in paragraphs (1) 13 and (2) to any other persons or agencies, including any other law enforcement or 14 prosecutorial personnel or agencies, without an order from the Court. 15 4. This order shall continue in effect after the conclusion of the habeas 16 corpus proceedings and specifically shall apply in the event of a retrial or resentencing 17 of all or any portion of Petitioner’s criminal case, except that the Parties maintain the 18 right to request modification or vacation of this order upon entry of final judgment in 19 this matter. 20 21 22 DATED: _January 17, 2017 /s/ Honorable Jacqueline Chooljian U.S. MAGISTRATE JUDGE 23 24 25 26 27 28 2

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