Provencio v. Lizzarraga
Filing
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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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