Stanley v. Calderon

Filing 952

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/4/2014 ORDERING that within 5 days, petitioner shall file a statement explaining which portions of the state court record he lacks; within 20 days thereafter, respondent shall file a notice that he has lodged those portions of the record with the court or explain why he was unable to do so.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRY F. STANLEY,

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Petitioner,

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No. 2:95-CV-1500 JAM CKD
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

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ORDER

Respondent.

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Petitioner seeks respondent’s compliance with Local Rule 191(h)(1) to obtain the record

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of the state court’s retrospective competency proceedings. (ECF No. 946.) Respondent’s counsel

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asserts Rule 191(h)(1) is not applicable in this situation. (ECF No. 951.) However, respondent

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notes that this court has authority to order him “to file the court documents related to the 2011

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competency proceedings in Lake County Superior Court.” (Id. at 3.) This order requires

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respondent to do so.

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Within five days of the filed date of this order, petitioner shall file a statement explaining

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which portions of the state court record he lacks. Within twenty days thereafter, respondent shall

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file a notice that he has lodged those portions of the record with the court or explain why he was

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unable to do so.

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IT IS SO ORDERED.
Dated: November 4, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Stanley comp pro record.or2

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