Proctor v. Wong, et al

Filing 253

ORDER signed by Magistrate Judge Craig M. Kellison on 2/1/08 GRANTING petitioner's 252 Application for release of recordings of sealed proceedings to counsel. Court directs Court Reporter to prepare and release to Jolie Lipsig and/or James Thomson recordings of complete case management/budget conferences, including all sealed proceedings, held 2/13/07 and 1/8/08. (Marciel, M)

( HC )( D P) Proctor v. Wong, et al

Do c. 253

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J A M E S S. THOMSON C a lif o rn ia SBN 79658 A tto rn e y and Counselor at Law 8 1 9 Delaware Street Berkeley, California 94710 T e le p h o n e : [phone] F a c sim ile : [phone] JO L IE LIPSIG A tto rn e y at Law California SBN 104644 1 0 0 6 4th St., Suite 301 S a c ra m e n to , California 95814 T e le p h o n e : [phone] F a c sim ile : [phone] A tto rn e ys for Petitioner W I L L IA M A. PROCTOR I N THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA W IL L IA M A. PROCTOR, ) ) P e t i t io n e r , ) ) ) v. ) ) ) ) R O B E R T L. AYERS, Warden of ) C a lif o rn ia State Prison at San Quentin, ) e t al. ) ) R e sp o n d e n ts ) _________________________________) N o . CIV-S-96-1401 RRB CMK D E A T H PENALTY CASE

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A P P L IC A T I O N AND ORDER F O R RELEASE OF RECORDINGS O F SEALED PROCEEDINGS TO P E T I T IO N E R 'S COUNSEL

P e titio n e r hereby requests that this Court order the Court Reporter to release to his a tto rn e ys , Jolie Lipsig and/or James S. Thomson, recordings of the case management and s e a le d budget conferences held in the above-captioned case on February 13, 2007 and J a n u a r y 8, 2008, respectively. The reasons for this request are as follows: O n January 18, 2008, counsel for petitioner submitted a CD/Tape Order form to the C le rk of the Court to obtain recordings of two case management/budget conferences. Portions of each conference were held ex parte, with only petitioner's counsel and this

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Court in attendance. Upon receipt of the form, counsel were notified by the Court R e p o rte r that the ex parte portions of the conferences had been sealed, and the recordings o f those portions of the conferences could not be released to them without an order from th is Court. Petitioner, through his counsel, is entitled to a full record of all proceedings in this c a p ita l case. Further, counsel for petitioner were present at the conferences for which they n o w seek recordings and thus were privy to all confidential matters discussed therein. Accordingly, counsel request that this Court direct the Court Reporter to prepare a n d release to Jolie Lipsig and/or James Thomson recordings of the complete case m a n a g em e n t/b u d g e t conferences, including all sealed proceedings, held on February 13, 2 0 0 7 , and January 8, 2008 in the above-captioned case. D A T E D : January 31, 2008 R e sp e c tf u lly submitted,

/s / JAMES S. THOMSON / s / JOLIE LIPSIG A tto rn e ys for Petitioner IT IS SO ORDERED

D A T E D : February 1, 2008 _____________________________________ _ C R A IG M. KELLISON U N IT E D STATES MAGISTRATE JUDGE

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