Nichols v. Pleasant Valley State Prison Warden

Filing 20

ORDER Granting Respondent Thirty Days in Which to Identify Documents and Volumes Pertinent to Respondent's Motion for Leave to File a Record in a "Computer-Readable Format" re 18 , signed by Magistrate Judge Barbara A. McAuliffe on 12/19/13. (Gonzalez, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 TOMMY J. NICHOLS, Case No. 1:13-cv-01561-AWI-BAM-HC 12 ORDER GRANTING RESPONDENT THIRTY DAYS IN WHICH TO IDENTIFY DOCUMENTS AND VOLUMES PERTINENT TO RESPONDENT’S MOTION FOR LEAVE TO FILE A RECORD IN A “COMPUTERREADABLE FORMAT” (DOC. 18) 13 Petitioner, v. 14 PLEASANT VALLEY STATE PRISON 15 WARDEN, 16 17 Respondent. Petitioner is a state prisoner proceeding pro se and in forma 18 pauperis with a petition for writ of habeas corpus pursuant to 28 19 U.S.C. § 2254. The matter has been referred to the Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 303. 21 On December 16, 2013, Respondent filed an answer to the 22 petition along with a motion for leave to file an electronic version 23 of the voluminous state court trial record, stating that the 24 transcripts had been filed in other cases in this Court in which 25 Petitioner’s co-defendants were parties. Respondent stated that it 26 was not unable to provide a paper copy of the records. Although 27 Respondent identified the other cases that have been filed in this 28 Court by Petitioner’s co-defendants, Respondent did not identify the 1 1 docket numbers of the pertinent lodgings or specify the precise 2 lodged document numbers for the documents or volumes that were used 3 by the respondents in those cases in their notices of lodging. 4 Thus, this Court does not have the information needed to assess in 5 an efficient manner whether paper copies from other cases are 6 available to the Court for use in this case and whether it is 7 advisable to grant Respondent’s motion to file such a record in 8 electronic form. 9 Respondent is GRANTED thirty days in which to provide the 10 necessary information identifying, with appropriate names, docket 11 entry numbers, and numbers of the documents as referred to in the 12 respondent’s notices of lodging, along with the associated dates of 13 filing or lodging, with respect to the specific documents and 14 volumes from the other cases sought to be filed in the present case 15 in electronic form. 16 IT IS SO ORDERED. 17 18 Dated: /s/ Barbara December 19, 2013 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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