Bonilla v. Brazelton

Filing 37

ORDER DIRECTING Respondent to Supplement the Record, signed by Magistrate Judge Sheila K. Oberto on 02/14/2017. (14-Day Deadline) (Martin-Gill, S)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 JULIO CESAR BONILLA, 5 6 7 8 Case No. 1:13-cv-01710-LJO-SKO HC Petitioner, ORDER DIRECTING RESPONDENT TO SUPPLEMENT THE RECORD v. SHAWN HATTON, Warden, Correctional Training Facility, Respondent. 9 10 11 Petitioner Julio Cesar Bonilla is a state prisoner proceeding pro se with a petition for writ of 12 habeas corpus pursuant to 28 U.S.C. § 2254. The Court referred the matter to the Magistrate Judge 13 pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 304. 14 Petitioner has alleged prosecutorial misconduct arising from the State’s withholding of 15 exculpatory evidence in the form of the victims’ autopsy photographs. As proof that the 16 photographs were disclosed to defense counsel, Respondent cites to a pretrial hearing (1RT35-36, 17 Lodged Doc. 10) in which the trial court addresses the admission of any photographs of the 18 decedents. In reviewing the record, the Court has discovered that 1RT 35 has been omitted from the 19 copy of the transcript lodged with the Court. 20 Accordingly, the Court hereby DIRECTS the Respondent to supplement the state record with 21 the missing page (1RT35). Respondent shall file the requested supplemental material no later than 22 fourteen (14) days from the date of this order. This order requires no action by Petitioner. 23 24 25 26 IT IS SO ORDERED. Dated: February 14, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 27 28 1 .

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