Maggio v. Dickinson

Filing 19

ORDER signed by Magistrate Judge Timothy J. Bommer on 5/24/11 ORDERING the Respondent to file the reports of Dr. Warburton and Dr. Hoffman as indicated in the Clerk's Transcript on p. 57-74 within 7 days of this order.(Matson, 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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SALVATORE CARMELO MAGGIO,

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Petitioner,

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2: 09 - cv - 1606 - LKK TJB

vs.

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KATHLEEN DICKINSON,

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Respondent.

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ORDER

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Petitioner is a state prisoner proceeding through counsel with a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. In one of his claims Petitioner argues that he was unable to

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testify on his own behalf at trial due to his metal condition, thereby violating his Constitutional

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rights. Respondent answered the petition on January 21, 2010 and lodged several documents

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including the Clerk’s Transcript. The California Court of Appeal’s decision and the petition both

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cite to the reports of Dr. Warburton and Dr. Hoffman regarding Petitioner’s competency to stand

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trial. However, these two reports were omitted from Respondent’s lodged documents. (See

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Clerk’s Tr. at p. 57-74.)

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Accordingly, IT IS HEREBY ORDERED that Respondent shall file the reports of Dr.

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Warburton and Dr. Hoffman as indicated in the Clerk’s Transcript on p. 57-74 within seven (7)

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days of this Order.
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DATED: May 24, 2011

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TIMOTHY J BOMMER
UNITED STATES MAGISTRATE JUDGE

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