Click v. Cate

Filing 27

ORDER Directing Respondent to Submit Parole Hearing and En Banc Hearing Transcripts, signed by Magistrate Judge John M. Dixon, Jr. on 8/23/2010. Transcripts Deadline: 9/10/2010.(Verduzco, M)

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(HC) Click v. Cate Doc. 27 1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 MATTHEW CATE, et al., 13 Respondents. 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. 17 On August 5, 2009, Petitioner filed a petition for writ of habeas corpus. On August 27, 2009, 18 the Court ordered Respondent to respond to the petition for writ of habeas corpus. In addition, 19 Respondent was ordered by this Court to provide any and all transcripts or other documents 20 necessary to render a decision in this matter in accordance with Rule 5 of the Rules Governing 21 Section 2254 cases. (See Order Directing Respondent to File a Response, 2, Aug. 27, 2009, ECF 22 No. 7.) 23 On November 9, 2009, Respondent filed an answer to the petition for writ of habeas corpus. 24 However, Respondent only filed parts of the transcript of the February 15, 2008 parole hearing 25 before Presiding Commissioner Martinez and Deputy Commissioner Bachlor, and parts of the April 26 15, 2008, en banc hearing which took place before the entire Board of Parole Hearings. Both sets of 27 transcripts, in their entirety, are necessary to render a decision in this matter and thus the Respondent 28 U . S . D is t r ic t C o u r t E. D . C a lifo r n ia UNITED STATES DISTRICT COURT WINDY LYNN CLICK, Petitioner, v. ) ) ) ) ) ) ) ) ) ) ) 1:09-CV-01418 OWW JMD HC ORDER DIRECTING RESPONDENT TO SUBMIT PAROLE HEARING AND EN BANC HEARING TRANSCRIPTS FIFTEEN (15) DAY DEADLINE 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U . S . D is t r ic t C o u r t E. D . C a lifo r n ia is required to provide those transcripts. Accordingly, Respondent is DIRECTED to submit a complete copy of the February 15, 2008, parole hearing transcripts with regards to this matter and a complete copy of the April 15, 2008, en banc hearing transcripts with regard to this matter, within fifteen (15) days of the date of service of this order. IT IS SO ORDERED. Dated: 0ce24h August 23, 2010 /s/ John M. Dixon UNITED STATES MAGISTRATE JUDGE 2

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