Beard v. On Habeas Corpus

Filing 19

ORDER, signed by Magistrate Judge Jeremy D. Peterson on 4/18/2019: 7-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JARRAD BEARD,

Case No. 1:17-cv-00497-JDP

Petitioner,

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v.

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JOHN SUTTON,

ORDER
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Respondent.

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Upon review of the record, it is incomplete. Specifically, the transcript from the trial

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court proceedings on October 11, 2012, when petitioner’s council argued a Batson motion, is

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not a part of the voir dire transcript at ECF No. 13-18. We must have the entire record to

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review petitioner’s claims. See Nasby v. McDaniel, 853 F.3d 1049, 1052 (9th Cir. 2017).

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Therefore, respondent is ordered to either file the missing portion of the record or direct this

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court’s attention to its location on the docket within seven (7) days of the date of entry of this

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order.

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IT IS SO ORDERED.

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Dated:
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April 18, 2019
UNITED STATES MAGISTRATE JUDGE

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No. 204

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