Lee v. Matevousian

Filing 34

ORDER DENYING 30 Petitioner's Motion for Designation of Record on Appeal signed by Magistrate Judge Erica P. Grosjean on 3/14/2019. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

MARIO ANTON LEE,

12
13
14
15

Case No. 1:18-cv-00234-DAD-EPG-HC
ORDER DENYING PETITIONER’S
MOTION FOR DESIGNATION OF
RECORD ON APPEAL

Petitioner,
v.
ANDRE MATEVOUSIAN,

(ECF No. 30)

Respondent.

16
17

Petitioner is a federal prisoner who proceeded pro se in a habeas corpus action. The Court

18 dismissed the petition on November 19, 2018, and Petitioner filed a notice of appeal that has
19 been processed to the Ninth Circuit. (ECF Nos. 21, 25, 28).
20

On January 2, 2019, the Court received the instant motion in which Petitioner requests

21 this Court “issue an order designating the record on appeal pursuant to Federal Rule of Appellate
22 Procedure Rule 10(b)(1).” (ECF No. 30 at 1). The record on appeal consists of the following
23 items: “(1) the original papers and exhibits filed in the district court; (2) the transcript of the
24 proceedings, if any; and (3) a certified copy of the docket entries prepared by the district clerk.”
25 Fed. R. App. P. 10(a) (emphasis added). Rule 10(b) deals specifically with the transcript of
26 proceedings, and Rule 10(b)(1) provides:
27

(1) Appellant’s Duty to Order. Within 14 days after filing the
notice of appeal or entry of an order disposing of the last timely

28

1

remaining motion of a type specified in Rule 4(a)(4)(A), whichever
is later, the appellant must do either of the following:

1
2

(A) order from the reporter a transcript of such parts of the
proceedings not already on file as the appellant considers
necessary, subject to a local rule of the court of appeals and
with the following qualifications:

3
4
5

(i) the order must be in writing;

6

(ii) if the cost of the transcript is to be paid by the United
States under the Criminal Justice Act, the order must so
state; and

7

(iii) the appellant must, within the same period, file a copy
of the order with the district clerk; or

8
9

(B) file a certificate stating that no transcript will be ordered.
10
11 Fed. R. App. P. 10(b)(1).
12

However, the instant case proceeded solely on the papers and there are no transcripts.

13 Further, the Ninth Circuit can access the district court record electronically. See Ninth Circuit
14 Rule 22-1(b). Accordingly, Petitioner’s motion (ECF No. 30) is DENIED.
15
16
17

IT IS SO ORDERED.
Dated:

March 14, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

18
19
20
21
22
23
24
25
26
27
28

2