Catlin v. Ayers

Filing 97

ORDER that Respondent's Counsel Lodge Supplemental State Record signed by Magistrate Judge Stanley A. Boone on 08/29/2019. Thirty-Day Deadline. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN CATLIN, 12 13 14 Petitioner, v. RON DAVIS, Warden of San Quentin State Prison, 15 Case No. 1:07-cv-01466-LJO-SAB DEATH PENALTY CASE ORDER THAT RESPONDENT’S COUNSEL LODGE SUPPLEMENTAL STATE RECORD (Thirty-Day Deadline) Respondent. 16 17 18 A review of the record in this action reveals that Respondent Warden Ron Davis, 19 having previously lodged the state court record with this Court (Doc. No. 11), has not lodged 20 documents related to the second state habeas petition denied by the California Supreme Court 21 on March 27, 2013. In re Steven David Catlin on Habeas Corpus, Case No. S173793. 22 Accordingly, by not later than thirty (30) days from the date of this order, Respondent 23 through counsel Supervising Deputy Attorney General Kenneth Sokoler shall file notice of 24 supplemental electronic lodging (with an index) and lodge with this Court documents related to 25 the second state habeas petition. 26 The lodged supplemental record shall meet the following requirements: 27 (i) 28 It shall contain the second state petition for writ of habeas corpus and Petitioner’s and Respondent’s briefs in that proceeding and exhibits thereto, and 1 all opinions, orders and transcripts of such proceeding. 1 (ii) 2 The entire record shall be Bate-stamped. Bate-stamp numbering shall be in the 3 format AG00001, AG00002, etc. to distinguish it from other numbering systems 4 in the record. 5 (iii) The entire record shall be scanned. 6 (iv) The entire record shall be converted to an optical character recognition (OCR) format. 7 8 (v) State sealed documents shall be lodged in paper form. 9 The Notice of Lodging shall be filed on the Court’s electronic filing system. Each item 10 of the state court record shall be lodged as an attachment to the Notice of Lodging. For each 11 separate attachment, the Notice of Lodging shall identify the attachment number and the Bate12 stamp numbers followed, in parentheses, by the abbreviated name and volume of the record 13 and any internal pagination. For example, if the Notice of Lodging appears as electronic court 14 filing number 40 and the first attachment is the 300 page one-volume second state petition for 15 writ of habeas corpus, the citation form would be “DOC. No. 40-1, AG00001-AG00300 (2-Pet. 16 Writ. H.C., one-vol., pages 1-300).” The identical identifying information shall also be 17 included as the docket title of each electronically lodged attachment to the Notice of Lodging. 18 To the extent possible, each separate paper volume of the state court record shall be lodged as 19 one attachment. The supplemental state court record need not also be lodged on CD, and courtesy 20 21 copies on CD are not required. 22 23 IT IS SO ORDERED. 24 Dated: August 29, 2019 UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2

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