Cebrero v. Frauenheim

Filing 46

ORDER Granting 45 Motion to Suspend Briefing; ORDER Directing Petitioner to Submit Transcript of Marsden Hearing, signed by Magistrate Judge Jennifer L. Thurston on 5/30/17. 30-Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OMAR CEBRERO,

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Petitioner,
v.
S. FRAUENHEIM,
Respondent.

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Case No.: 1:16-cv-00173-DAD-JLT (HC)
ORDER GRANTING MOTION TO SUSPEND
BRIEFING [ECF No. 45]
ORDER DIRECTING PETITIONER TO SUBMIT
TRANSCRIPT OF MARSDEN HEARING
[30-DAY DEADLINE]

On March 20, 2017, the Court issued an order directing Respondent to file a response to the

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petition. Respondent was granted an extension of time on May 19, 2017. On May 26, 2017,

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Respondent filed a motion to suspend briefing.

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Respondent notes that Petitioner claims his defense counsel rendered ineffective assistance by

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not allowing him to testify at trial. In support of this argument, Petitioner cites to a hearing held in the

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trial court pursuant to People v. Marsden, 2 Cal.3d 118 (1970). Since the Marsden hearing is relevant

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to his claim, according to 28 U.S.C. § 2254(f), Petitioner has an affirmative duty to provide, if he is

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able to, the transcript of the proceeding to the Court for unsealing and transmission to Respondent. In

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the meantime, Respondent requests that briefing be suspended. Good cause having been presented,

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Respondent’s motion to suspend briefing will be granted.

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ORDER
Accordingly, the Court ORDERS:
1) Respondent’s request to suspend briefing [ECF No. 45] is GRANTED;
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2) Petitioner is DIRECTED to provide a copy of the transcript of the Marsden hearing within
thirty days, if he is able; and

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3) If Petitioner cannot do so, he must NOTIFY the Court of his reasons.

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IT IS SO ORDERED.
Dated:

May 30, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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