Ximenez v. Adams et al

Filing 44

ORDER signed by Senior Judge James K. Singleton on 8/4/2011 DENYING 41 Motion for Court Order; GRANTING 40 , 43 Motions for Extension of Time; Documentation and brief supporting his claim that he was denied counsel during the 1997 proceedings due by 8/19/2011. Respondent to file a brief informing the Court of its preliminary position regarding whether Ximenez was represented by counsel during the 1997 proceedings by 8/19/2011. (Michel, G)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
CHRISTOPHER JAMES XIMENEZ,
Case No. 2:08-cv-03056-JKS
Petitioner,
vs.
ORDER
DERRELL G. ADAMS, Warden,
Respondent.

At Docket No. 36, this Court directed the Petitioner, Christopher Ximenez, to submit
documentation in support of his claim by May 6, 2011. At Docket No. 38, this Court granted
Ximenez’s first motion for an extension of time, giving him until June 14, 2011, to comply with
this Court’s order at Docket No. 36. Ximenez was unable to obtain the documentation by June
14, 2011. On July 1, 2011, (Docket No. 40) and again on July 14, 2011, (Docket No. 43)
Ximenez has filed two motions for a second extension of time, asking that this Court give him
until August 14, 2011, to file his documentation and brief. These motions are unopposed.
At Docket No. 41, Ximenez also filed a motion requesting this Court to order the
submission of unredacted documents. Specifically, Ximenez is asking this Court to order the
County of Sacramento to submit all unredacted sidebars, all unredacted material before, during,
and after the plea colloquy, as well as all unredacted sentencing transcripts. The only issue in
dispute is whether Ximenez was denied the right to counsel during his 1997 proceedings, which
later became the basis for “prior strike enhancements” following his 2004 conviction. It is
entirely unclear whether the County of Sacramento is purposely withholding these transcripts

from Ximenez. Rather, according to Ximenez he has requested the documents and is awaiting
their arrival. An order from this Court would not likely expedite this process.
IT IS HEREBY ORDERED THAT Ximenez’s motions for an extension at Docket
Nos. 40 and 43 are GRANTED. No later than August 19, 2011, the Petitioner, Christopher
Ximenez, shall submit documentation and a brief not to exceed 15 pages in support of his claim
that he was denied counsel during the 1997 proceedings. This will be the last extension of time
that this Court will grant.
IT IS FURTHER ORDERED THAT Ximenez’s Motion for this Court to Order
Submission of Unredacted Documents at Docket No. 41 is DENIED.
IT IS FURTHER ORDERED THAT no later than August 19, 2011, the Respondent
will file a brief informing the Court of its preliminary position regarding whether Ximenez was
represented by counsel during the 1997 proceedings. Additionally, Respondent shall inform this
Court whether Ximenez would face any foreseeable problems in obtaining the records for his
1997 case. Once Ximenez files his documentation and brief by August 19, 2011, Respondent
will be given an opportunity to respond, as well.
Dated: August 4, 2011
/s/ James K. Singleton, Jr.
JAMES K. SINGLETON, JR.
United States District Judge