Dawson v. Zuniga

Filing 23

ORDER Denying 2 Motion for Transcripts, signed by Magistrate Judge Sheila K. Oberto on 2/26/16. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LONNIE DAWSON,
Petitioner,

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No. 1:15-cv-01217-LJO-SKO HC

v.

ORDER DENYING MOTION
FOR TRANSCRIPTS

R. ZUNIGA, Warden,
Respondent.
(Doc. 2)

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Petitioner, a federal prisoner proceeding pro se with a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2241, requests issuance of transcripts at the government’s expense

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pursuant to 28 U.S.C. § 753(f). Respondent has moved to dismiss the petition, contending that it

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is a second or successive petition regarding Petitioner’s state conviction for which Petitioner has

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not secured prior authorization from the Court of Appeals. See 28 U.S.C. §2244(b)(3)(A)
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("Before a second or successive petition permitted by this section is filed in the district court, the

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applicant shall move in the appropriate court of appeals for an order authorizing the district court

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to consider the application"). To the extent that the petition addresses a state conviction, § 753(f),

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which governs the payment of court reporters for transcripts of federal proceedings, does not

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authorize this Court to order payment of a state court reporter.

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In addition, resolution of Respondent’s motion does not require consideration of the

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transcripts of the state proceedings against Petitioner. To the extent that transcripts of the state
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proceedings become necessary following resolution of the motion to dismiss, Petitioner may

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renew his motion for transcripts at that time.

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The motion for provision of trial transcripts at the government’s request is hereby

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DENIED, without prejudice to renewal of the motion following resolution of the pending motion
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to dismiss, if necessary at that time.
IT IS SO ORDERED.

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Dated:
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February 26, 2016

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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