Armstrong v. Soto

Filing 39

ORDER Requiring Supplemental Submissions, signed by Magistrate Judge Jeremy D. Peterson on 6/17/19. 14-Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRUCE ARMSTRONG,

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Petitioner,

Case No. 1:15-cv-01109-DAD-JDP (HC)
ORDER REQUIRING SUPPLEMENTAL
SUBMISSIONS

v.
DEBBIE ASUNCION,
Respondent.

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The court will require supplemental submissions from the parties. By the deadline set

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forth below, respondent must file an electronic version of the state record that has been lodged

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with this court. See ECF No. 27. The electronic version of the record must include the

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photograph exhibits referenced in the parties’ briefs, including People’s Exhibits 3-4, 13-16, 19,

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and Defense Exhibit 21. If filing an electronic version of the record is not feasible, respondent

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must explain the pertinent circumstances and how the court can assist respondent in obtaining the

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electronic version of the record. Respondent may file the record under seal.

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Petitioner has filed several photographs. See ECF No. 17-1 at 161-186. Counsel for

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petitioner suggests that the photographs were reviewed by a medical expert, but several of the

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photographs—especially those of the victim’s injuries—are in black and white. See ECF No. 17-

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1 at 3, 168-69, 174-75, 178-81. The declarations from counsel and the medical expert do not

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identify precisely what the medical expert has reviewed. Petitioner must inform the court:
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(1) which of the photographs were introduced at trial; (2) whether the medical expert has

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reviewed the color versions of the photographs that are filed in black and white; (3) when the

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photographs filed with this court were taken—i.e., whether they reflect the injuries that Sunshine

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Armstrong sustained on April 16, 2009; and (4) whether petitioner’s medical expert has reviewed

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any other parts of the record that are not specified in her declaration.

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Order

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Within fourteen days from the date of this order, the parties must file supplemental

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submissions addressing the issues identified in this order.

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IT IS SO ORDERED.

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Dated:

June 17, 2019

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UNITED STATES MAGISTRATE JUDGE

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No. 202

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