Condon v. People Of California

Filing 72

ORDER CONFIRMING Receipt of Sealed Search Warrant Affidavit; ORDER SETTING Briefing Schedule signed by Magistrate Judge Erica P. Grosjean on 4/6/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JULIE CONDON,
Petitioner,

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Case No. 1:13-cv-00792-EPG-HC
ORDER CONFIRMING RECEIPT OF
SEALED SEARCH WARRANT AFFIDAVIT

v.
ORDER SETTING BRIEFING SCHEDULE

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KIMBERLY HUGHES,
(ECF No. 71)

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Respondent.

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Petitioner is a state prisoner, represented by counsel, proceeding with a petition for writ

18 of habeas corpus pursuant to 28 U.S.C. § 2254. On March 3, 2016, the Tuolumne County
19 Superior Court ordered that sealed portions of a search warrant affidavit be forwarded under seal
20 to the undersigned in this matter. On April 4, 2016, Petitioner filed the instant motion wherein
21 she requests confirmation that the undersigned received the sealed document. (ECF No. 71). In
22 the event the affiants are Matthew Klunis and Kyna Kulp, Petitioner further requests that the
23 sealed document be provided to counsel under protective order so that Petitioner may file further
24 pleadings in support of her claim of ineffective assistance of counsel. (Id.).
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The Court confirms that a sealed document from the Tuolumne County Superior Court

26 was received on March 7, 2016. With respect to Petitioner’s request to provide the sealed
27 document to counsel under protective order, the Court HEREBY ORDERS that Respondent shall
28 file an opposition or statement of non-opposition within twenty-one (21) days of the date of

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1 service of Petitioner’s request. Any reply to an opposition shall be filed within seven (7) days of
2 the date of service of the opposition. See Local Rule 230(l).
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IT IS SO ORDERED.
Dated:

April 6, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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