Fagan v. Grounds

Filing 17

ORDER Directing Respondent to Supplement the Lodged Record Within Thirty (30) Days, signed by Magistrate Judge Sheila K. Oberto on 7/2/2015. (Jessen, A)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 HAROLD H. FAGAN, 10 11 12 13 Case No. 1:12-cv-01681-SKO HC Petitioner, ORDER DIRECTING RESPONDENT TO SUPPLEMENT THE LODGED RECORD v. R. GROUNDS, Warden, Respondent. 14 15 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ 17 of habeas corpus pursuant to 28 U.S.C. § 2254. The Court referred the matter to the Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 304. 19 Among Petitioner's grounds for seeking habeas corpus relief is the insufficiency of the 20 evidence to support the trial court's determination that Petitioner be involuntarily medicated. 21 Because the trial court made its decision with reference to the reports of various mental health 22 professionals and because the California appellate courts reviewed the trial court's decision in light 23 of those reports, this Court needs to review those opinions to consider Petitioner's grounds fully. 24 According to Respondent, the trial record included the following mental health evaluations: 25 (1) two sealed reports of Thomas Middleton, Ph.D.; (2) sealed report of Kathe Lundgren, Ph.D.; (3) 26 sealed report of Carol Hendrix, Ph.D.; (4) sealed report of Eugene Couture, Ph.D.; (5) sealed report 27 of Robert Sincoff, M.D.; (6) sealed memorandum from Salinas Valley Psychiatric Program to Kern 28 County Superior Court; (7) sealed report of Akira Suzuki, Ph.D.; and (8) sealed certification of 1 1 restoration to competency. Doc. 13 at 3-4. Although review of this evidence is necessary to 2 evaluate Petitioner's claims, Respondent did not include these eight reports in the trial record filed 3 with this Court. Doc. 13 at 4. 4 Accordingly, the Court hereby DIRECTS the Respondent to supplement the state record in 5 the above-captioned matter, lodged in paper on May 14, 2013, with the eight mental health reports 6 listed above. Respondent shall file the requested supplemental materials no later than thirty (30) 7 days from the date of this order. Respondent may move to file these documents under seal pursuant 8 to Local Rule 141. 9 10 11 IT IS SO ORDERED. Dated: July 2, 2015 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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