Brian Charles Dubrin v. People of the State of California
MODIFIED ORDER GRANTING STIPULATED PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order 89 . See Order for details. (hr)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
BRIAN CHARLES DUBRIN,
Case No. CV 10-1032-CJC (JC) (“2010 case”)
MODIFIED ORDER GRANTING
STIPULATED PROTECTIVE ORDER
DAVE DAVEY, Custodian,
California State Prison at Corcoran
GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED that the
stipulated protective order is granted as modified.
Documents and materials from trial counsel’s file from Los Angeles
County Case number KA046040 shall be deemed confidential. These documents and
materials (hereafter “documents”) may be used only by the Court and by the parties to
this federal habeas litigation, namely (1) representatives from the Office of the
California Attorney General and (2) petitioner and his representatives at the Office of
the Federal Public Defender (hereafter “Parties”). These documents may be used by
the Parties only for purposes of any proceedings incident to litigating the claims
presented in the Petition for Writ of Habeas Corpus pending before this Court.
Testimony regarding conversations between petitioner and his defense
attorney, Ruben Garcia, relating to case number KA046040, including but not limited
to statements about the nature of the charges, potential defenses, defense strategy, any
consequences of conviction, Dubrin’s prior convictions and Dubrin’s willingness to
plead to any offense, may be used only by the Parties. Information disclosed during
such testimony may be used by the Parties only for purposes of any proceedings
incident to litigating the claims presented in the Petition for Writ of Habeas Corpus
pending before this Court. The Parties may use such information for purposes of
review or appeal of this Court’s ruling on the claims.
The Parties may not disclose the information described in paragraphs (1)
and (2) to any other persons or agencies, including any other law enforcement or
prosecutorial personnel or agencies, without an order from the Court.
This order shall continue in effect after the conclusion of the habeas
corpus proceedings and specifically shall apply in the event of a retrial or resentencing
of all or any portion of Petitioner’s criminal case, except that the Parties maintain the
right to request modification or vacation of this order upon entry of final judgment in
DATED: _January 17, 2017
Honorable Jacqueline Chooljian
U.S. MAGISTRATE JUDGE
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