Provencio v. Lizzarraga

Filing 21

ORDER REQUIRING Respondent to Lodge Additional State Court Records, signed by Magistrate Judge Michael J. Seng on 9/13/17. Thirty Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALFRED PROVENCIO,

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Petitioner,

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v.
SHAWN HATTON, Warden

Case No. 1:15-cv-01327-LJO-MJS (HC)
ORDER REQUIRING RESPONDENT TO
LODGE ADDITIONAL STATE COURT
RECORDS
THIRTY (30) DAY DEADLINE

Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas

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corpus under 28 U.S.C. § 2254. On September 1, 2015, the Court ordered Respondent

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to respond to the petition, and to submit “any and all transcripts or other documents

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necessary for the resolution of the issues presented in the Petition.” See Rule 5, Rules

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Governing Section 2254 Cases. On October 30, 2015, Respondent filed an answer, and

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also lodged a number of state court documents. (ECF Nos. 16, 17.)

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Petitioner’s first claim involves a challenge to a videotaped interview Petitioner

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gave to police. (ECF No. 1.) The video interview was part of the state court record and

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was discussed at some length in the last reasoned decision of the state court, issued by

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the Fifth District Court of Appeal. However, it appears that the video was not lodged in

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this Court.

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Accordingly, Respondent is HEREBY ORDERED to lodge, within thirty days, a
copy of the video at issue in the first claim in the petition.

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IT IS SO ORDERED.
Dated:

September 13, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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