Velasquez v. Sherman

Filing 72

ORDER GRANTING 64 Respondent's Motion for Protective Order, signed by Magistrate Judge Jennifer L. Thurston on 11/22/2021. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICARDO VELASQUEZ,

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Case No.: 1:15-cv-01288-AWI-JLT (HC)

Petitioner,

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v.

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ORDER GRANTING RESPONDENT’S
MOTION FOR PROTECTIVE ORDER

STU SHERMAN,

(Doc. 64)
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Respondent.

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According to Bittaker v. Woodford (9th Cir. 2003) 331 F.3d 715, 720-726 and Rule 6 of

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the Rules Governing Section 2254 Cases, Respondent is entitled to a copy of trial court’s file to

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the extent necessary to fairly defend against Petitioner’s claim. Consistent with Bittaker, the

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Court issues the following protective order, and good cause appearing, the Court ORDERS:

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For purposes of this habeas action, trial counsel’s files, including the files of any

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investigators or experts retained by trial counsel, shall be deemed to be confidential. These

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documents and materials (hereinafter “confidential materials”) may be used only by

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representatives from the Office of the California Attorney General who are assigned to this matter

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as counsel in the role of a direct supervisor (hereafter, collectively respondent), and any expert

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retained by respondent in this habeas proceeding. If respondent provides the confidential

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materials to an expert as authorized above, respondent shall inform the expert of this protective

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order and the expert’s obligation under it.
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Disclosure of the contents of the documents and the documents themselves may not be

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made to any other persons or agencies, including any other law enforcement or prosecutorial

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personnel or agencies, without an order from this Court. The terms of this order do not prohibit

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respondent from disclosing or discussing the confidential materials with petitioner’s trial counsel

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or disclosing and discussing with witnesses their own statements or observations that were

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recorded or summarized in any reports contained in trial counsel’s files.

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In the event of a retrial of all or any portion of petitioner’s criminal case, any

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representative of respondent who participated in these habeas proceedings or who was given

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access to the confidential materials, shall be prohibited from participating in the retrial of all or

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any portion of petitioner’s criminal case. This order does constitute a waiver of the confidentiality

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of the information beyond this action and does not authorize the information to be used in a future

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retrial if one is ordered.

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This order shall continue in effect after the conclusion of the habeas corpus proceedings

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and specifically shall apply in the event of a retrial of all or any portion of petitioner’s criminal

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case, except that either party maintains the right to request modification or vacation of this order

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upon entry of final judgment in this matter.

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IT IS SO ORDERED.
Dated:

November 22, 2021

_ /s/ Jennifer L. Thurston
CHIEF UNITED STATES MAGISTRATE JUDGE

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