Roberts v. Ayers, et al

Filing 483

JOINT STIPULATION for PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 10/15/13. Petitioners counsel and counsels agents are prohibited from providing or facilitating a third party in providing a copy of a Daily Journal newspaper arti cle, published in March 2007, and entitled Justices Look Past Notorious History for Inmates Parole, to the petitioner for so long as petitioner is in the custody and control of the California Department of Corrections and Rehabilitation under a val id state court judgment. Petitioners counsel may show said article to petitioner for purposes related to their representation of petitioner in these proceedings. They may not allow petitioner to retain a copy of said article. Within five working days of the entry of this order respondents counsel will provide petitioners counsel with a copy of said Daily Journal newspaper article described above for their use in this case.(Dillon, M)

1
2
3
4
5
6

KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
RONALD S. MATTHIAS, State Bar No. 104684
Senior Assistant Attorney General
GLENN R. PRUDEN, State Bar No. 195089
Supervising Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Respondent

BRIAN ABBINGTON
Assistant Federal Defender
Texas State Bar No. 00790500
801 I Street, 3rd Floor
Sacramento, CA 95814
Telephone: [phone]
Counsel for Petitioner

7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

SACRAMENTO DIVISION

11
12
LARRY ROBERTS,

CIV S-93-0254 TLN DAD

13
Petitioner, CAPITAL CASE
14
v.

JOINT STIPULATION FOR
PROTECTIVE ORDER

15
16

KEVIN CHAPPELL, Warden,

17

Respondent.

18
19

Counsel for the parties hereby stipulate and agree to the Court entering a protective order

20

that precludes petitioner’s counsel and counsel’s agents from providing or facilitating a third

21

party in providing a copy of a Daily Journal newspaper article, published in March 2007, and

22

entitled Justices Look Past Notorious History for Inmate’s Parole, to the petitioner for so long as

23

petitioner is in the custody and control of the California Department of Corrections and

24

Rehabilitation under a valid state court judgment.

25

Counsel for the parties further stipulate that the above prohibition is necessary because said

26

article is considered by the California Department of Corrections and Rehabilitation to be

27

contraband.

28
1
Joint Stipulation For Protective Order And Protective Order
Roberts v. Chappell - (CIV S-93-0254 TLN DAD)

1

Counsel for the parties further stipulate that petitioner’s counsel may show said article to

2

petitioner for purposes related to their representation of petitioner in these proceedings. They

3

may not allow petitioner to retain a copy of said article.

4

Counsel for the parties further stipulate that, within five working days from the entry of the

5

agreed upon protective order set forth below, respondent’s counsel will provide petitioner’s

6

counsel with a copy of said Daily Journal newspaper article described above for their use in this

7

case.

8
9

This stipulation is entered into and attested to by counsel for the parties on October 11,
2013.

10
11
12

/s/ GlennPruden_________________
GLENN R. PRUDEN
Supervising Deputy Attorney General
Counsel for Respondent

/s/ Brian Abbington___________
BRIAN ABBINGTON
Assistant Federal Defender
Counsel for Petitioner

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Joint Stipulation For Protective Order And Protective Order
Roberts v. Chappell - (CIV S-93-0254 TLN DAD)

1
2

PROTECTIVE ORDER
Pursuant to the stipulation of counsel for the parties and for good cause shown, petitioner’s

3

counsel and counsel’s agents are prohibited from providing or facilitating a third party in

4

providing a copy of a Daily Journal newspaper article, published in March 2007, and entitled

5

Justices Look Past Notorious History for Inmate’s Parole, to the petitioner for so long as

6

petitioner is in the custody and control of the California Department of Corrections and

7

Rehabilitation under a valid state court judgment. Petitioner’s counsel may show said article to

8

petitioner for purposes related to their representation of petitioner in these proceedings. They

9

may not allow petitioner to retain a copy of said article. Within five working days of the entry of

10

this order respondent’s counsel will provide petitioner’s counsel with a copy of said Daily

11

Journal newspaper article described above for their use in this case.

12
13

IT IS SO ORDERED.
Dated: October 15, 2013

14
15
16

roberts prot or re DJ article

17
18
19
20
21
22
23
24
25
26
27
28
3
Joint Stipulation For Protective Order And Protective Order
Roberts v. Chappell - (CIV S-93-0254 TLN DAD)