Haag v. Tilton

Filing 75

ORDER Regarding Petitioner's 52 53 54 70 73 Motions for Discovery signed by Magistrate Judge Dennis L. Beck on 9/23/2009. (Status Deadline: 10/26/2009)(Figueroa, O)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 JAMES TILTON, Director of Corrections 13 Respondent. 14 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. Pursuant to 28 U.S.C. § 636(c)(1), the parties have consented to 17 the jurisdiction of the United States Magistrate Judge. This case is ready for review on the 18 merits. 19 Petitioner has filed various motions objecting to the fact that the voir dire and opening 20 statements were not transcribed and have not been provided to him for use in challenging his 21 conviction. Petitioner's complaint appears to be legitimate. 22 First, the Court has previously ordered and received a copy of the transcript of the voir 23 dire proceedings. However, Petitioner has not received such copy. (Court Doc. 73, Petitioner's 24 Motion.) Second, the opening statements were reported but not transcribed. (See Reporter's 25 Transcript, Master Index, at 703-709, July 3, 2002.) This Court cannot say that such transcripts 26 are not relevant to the instant proceedings. See Rule 5 of the Rules Governing Section 2254 27 Cases. Accordingly, pursuant to Rule 5 of the Rules Governing Section 2254 Cases, the Court 28 1 / v. [Docs. 52, 53,54, 70, 73] JAMES BRADLEY HAAG, Petitioner, 1:07-CV-00856 DLB HC ORDER REGARDING PETITIONER'S MOTIONS FOR DISCOVERY

UNITED STATES DISTRICT COURT

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will direct Respondent to obtain the transcript of the openings statements made during Petitioner's criminal trial. Upon receipt of all the transcripts, including voir dire, the Court will forward a copy to Petitioner. Accordingly, to the extent Petitioner's motions request copies of all recorded but not transcribed trial court proceedings, his request is GRANTED. Based on the foregoing, it is HEREBY ORDERED that: 1. Respondent shall present an application to the state court for transcription of the opening statements made by counsel; and, 2. Within thirty (30) days from the date of service of this order, Respondent shall provide the Court with the status of such request.

IT IS SO ORDERED. Dated: 3b142a

September 23, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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