Kirk v. DVI - R/C

Filing 44

ORDER signed by Magistrate Judge Timothy J. Bommer on 9/1/11 ORDERING that Respondent's request to file the report of Dr. Hoffman (Clerk's Tr. at p. 13-18) under SEAL is GRANTED. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY W. KIRK,

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Petitioner,

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vs.

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2: 09 - cv - 668 - TJB

S.M. SALINAS,

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Respondent.

ORDER

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Petitioner is a state prisoner proceeding, pro se, with a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. In his claims, Petitioner argues that he was incompetent to stand

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trial, and thus his trial violated his Constitutional rights. Respondent answered the petition on

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June 7, 2011 and lodged several documents including the Clerk’s Transcript. The California

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Court of Appeal’s decision cites to the report of Dr. Hoffman regarding Petitioner’s competency

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to stand trial. However, the report was omitted from Respondent’s lodged documents. See

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Clerk’s Tr. at p. 13-18.

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Respondent was ordered to file the report. On August 1, 2011, Respondent requested an

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extension of time until September 1, 2011 to comply with the court ordered production of the

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report. That request was granted. On August 30, 2011, Respondent filed a request to seal Dr.

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Hoffman’s report. Having reviewed the report, Respondent’s request will be granted. See Local
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Rule 141(d). Respondent shall follow the procedures set forth in Local Rule 141(e) for filing Dr.

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Hoffman’s report, pages 13 through 18 of the Clerk’s Transcript, under seal in this court.

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Accordingly, IT IS HEREBY ORDERED that Respondent’s request to file the report of

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Dr. Hoffman (Clerk’s Tr. at p. 13-18) under seal is GRANTED.

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DATED: September 1, 2011

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TIMOTHY J BOMMER
UNITED STATES MAGISTRATE JUDGE

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