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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 TOMMY J. NICHOLS,

Case No. 1:13-cv-01561-AWI-BAM-HC

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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)

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Petitioner,
v.

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PLEASANT VALLEY STATE PRISON
15 WARDEN,
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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.
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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
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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.
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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.
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Dated:

/s/ Barbara

December 19, 2013

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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