Secrease v. Walker

Filing 60

ORDER signed by Magistrate Judge Timothy J. Bommer on 5/26/11 ORDERING that Petitioner's MOTION filed 5/25/11 for fourteen (14) day Extension to file the requested documents as ordered in the 4/26/11 ORDER 59 is GRANTED. Petitioner shall file the documents requested in the 4/26/11 Order on or before 6/8/2011. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHANNON SECREASE,

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Petitioner,

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2: 09 - cv - 299 JAM TJB

vs.
JAMES WALKER,
Respondent.

ORDER
/

Petitioner Shannon Secrease is a state prisoner proceeding through counsel with a petition

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for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On September 11, 2008, Petitioner

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amended his federal habeas petition. On February 15, 2011, Petitioner was ordered to submit a

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copy of the June 18, 1998 hearing transcript or provide an affidavit showing why Petitioner

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cannot produce the transcript after Respondent stated that he was not in possession of said

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transcript. Based on the representations made by Petitioner’s counsel in his May 25, 2011

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motion for extension of time, it appears as if the transcript from that hearing is unavailable.

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Therefore, Petitioner is deemed to have complied fully with the February 15, 2011 Order and the

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June 18, 1998 transcript is deemed unavailable based on Petitioner counsel’s representations.

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On April 26, 2011 Petitioner was ordered to file documents that he specifically refers to
and cites to in his amended federal habeas petition. Petitioner refers to the December 6, 2007
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state habeas petition filed in the California Supreme Court as well as specifically cites to portions

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of the voir dire transcript that were not attached as exhibits by either party. On May 25, 2011,

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Petitioner requested an additional fourteen days to comply with the April 26, 2011 Order. Based

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upon the representations made, and only for this request, it is determined that good cause has

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been shown and the request will be granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Petitioner’s motion filed May 25, 2011 for a fourteen (14) day extension of time

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to file the requested documents as ordered in the April 26, 2011 Order is

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GRANTED; and

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2.

Petitioner shall file the documents requested in the April 26, 2011 Order on or
before June 8, 2011.

DATED: May 26, 2011

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TIMOTHY J BOMMER
UNITED STATES MAGISTRATE JUDGE

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