Nichols v. Pleasant Valley State Prison Warden

Filing 22

ORDER GRANTING 18 Respondent's Motion for Leave to Lodge the State Court Record in Support of the Answer in a "Computer-Readable Format" signed by Magistrate Judge Barbara A. McAuliffe on 3/28/2014. (Jessen, A)

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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’S MOTION
FOR LEAVE TO LODGE THE STATE COURT
RECORD IN SUPPORT OF THE ANSWER IN
A “COMPUTER-READABLE 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 lodge an electronic

23 version 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. In response
27 to the Court’s request, Respondent identified the other cases and
28 the specific docket numbers of the lodgings that pertained to the
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1 present case.

(Doc. 21.)

Because paper copies of the voluminous

2 documents pertinent to the present case are available to the Court,
3 the Court will grant Respondent’s motion for leave to depart from
4 Local Rule 190(f), which otherwise requires filing paper copies of
5 state court records in habeas corpus proceedings.

However, as

6 Respondent stated in the application, should the computer-readable
7 format ultimately prove unacceptable, Respondent is willing and able

8 to submit paper copies at the Court’s request.
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Accordingly, Respondent’s motion for leave to lodge a record in

10 a computer-readable format is GRANTED.
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12 IT IS SO ORDERED.
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Dated:

/s/ Barbara

March 28, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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