Hernandez v. Subia et al

Filing 15

ORDER signed by Magistrate Judge John L. Weinberg on 10/07/09 ORDERING that it is evident that a page of petitioner's 01/19/06 parole hearing transcript was accidentally omitted from the record, w/i 7 days after the date of this order, responden t shall furnish the Court and petitioner with a complete copy of petitioner's 01/19/06 parole hearing transcript, including "Decision Page 6". If the above-mentioned transcript is unavailable, respondent should, w/i 7 days, inform this Court with specificity as to its unavailability; no additional briefing is required or requested; Clerk to serve order. (Benson, A.)

01 02 03 04 05 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ) ) Petitioner, ) ) v. ) ) R.J. SUBIA, Warden, ) ) Respondent. ) _____________________________________ )

06 RICARDO HERNANDEZ, 07 08 09 10 11 12

CASE NO. 2:07-cv-00839-RSL-JLW

ORDER DIRECTING RESPONDENT TO SUPPLEMENT THE RECORD

This is a federal habeas action brought pursuant to 28 U.S.C. § 2254. Petitioner's

13 federal habeas petition is ripe for consideration. It is evident from an initial review of the 14 record, however, that a page of petitioner's January 19, 2006, parole hearing transcript was 15 accidentally omitted from the record. Specifically, "Decision Page 6," which is page 116 of 16 the overall transcript, is absent. Although it is not entirely clear at this juncture whether the 17 missing page will affect the Court's ultimate disposition of the petition, it is prudent for this 18 Court to review the parole hearing transcript in its entirety. 19 20 21 22 (2) Accordingly, the Court hereby ORDERS as follows: (1) Within seven (7) days after the date of this order, respondent shall furnish the Court and petitioner with a complete copy of petitioner's January 19, 2006, parole hearing transcript, including "Decision Page 6"; If the above-mentioned transcript is unavailable, respondent should, within seven (7) days, inform this Court with specificity as to its unavailability;

ORDER RE: SUPPLEMENTING THE RECORD - 1

01 02 03

(3) (4)

No additional briefing is required or requested; and The Clerk is directed to send copies of this Order to petitioner, to counsel for respondent, and to the Honorable Robert S. Lasnik.

DATED this 7th day of October, 2009. 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22

JOHN L. WEINBERG United States Magistrate Judge

A

ORDER RE: SUPPLEMENTING THE RECORD - 2