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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JULIO CESAR BONILLA,

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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.

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Petitioner Julio Cesar Bonilla is a state prisoner proceeding pro se with a petition for writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. The Court referred the matter to the Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 304.

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Petitioner has alleged prosecutorial misconduct arising from the State’s withholding of

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exculpatory evidence in the form of the victims’ autopsy photographs. As proof that the

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photographs were disclosed to defense counsel, Respondent cites to a pretrial hearing (1RT35-36,

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Lodged Doc. 10) in which the trial court addresses the admission of any photographs of the

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decedents. In reviewing the record, the Court has discovered that 1RT 35 has been omitted from the

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copy of the transcript lodged with the Court.

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Accordingly, the Court hereby DIRECTS the Respondent to supplement the state record with

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the missing page (1RT35). Respondent shall file the requested supplemental material no later than

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fourteen (14) days from the date of this order. This order requires no action by Petitioner.

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IT IS SO ORDERED.
Dated:

February 14, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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