Velasquez v. Sherman
Filing
74
ORDER GRANTING 67 Petitioner's Motion for Discovery, signed by Magistrate Judge Jennifer L. Thurston on 11/29/2021. (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 PETITIONER’S
MOTION FOR DISCOVERY
STU SHERMAN,
(Doc. 67)
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Respondent.
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The petitioner moves the Court for an order granting discovery so he can serve a subpoena
duces tecum on the Tulare Police Department to obtain:
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18 fingerprint cards taken from the interior and exterior of a Jeep Grand
Cherokee on or about October 5, 2009, for inspection and examination by defense
counsel and a defense-retained expert;
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The evidence log entry documenting receipt of the 18 fingerprint cards
taken from the interior and exterior of a Jeep Grand Cherokee on or about October
5, 2009;
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The evidence log entry documenting chain of custody of the 18 fingerprint
cards taken from the interior and exterior of a Jeep Grand Cherokee on or about
October 5, 2009; and
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The chain of custody for the 18 fingerprint cards taken from the interior
and exterior of a Jeep Grand Cherokee on or about October 5, 2009.
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(Doc. 67 at 3) The petitioner argues that good cause exists for the discovery. Id. at 3-4.
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Respondent does not dispute that good cause exists for this discovery (Doc. 73) based upon tge
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order of the Ninth Circuit Court of Appeals (Doc. 53), and the Court agrees (Bracy v. Gramley,
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520 U.S. 899, 904 (1997)). Consequently, the Court ORDERS:
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The petitioner’s motion to conduct discovery to issue a subpoena to the Tulare
Police Department to obtain the items listed above is GRANTED1.
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IT IS SO ORDERED.
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Dated:
November 29, 2021
_ /s/ Jennifer L. Thurston
CHIEF UNITED STATES MAGISTRATE JUDGE
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Of course, if the Tulare Police Department files an objection to the production (though the Court does not expect
this to occur), the petitioner may file a motion to compel it, if appropriate.
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