Bailey v. The People of California

Filing 74

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/29/2015 GRANTING both of petitioner's unopposed 72 , 73 motions; the parties may have until 3/6/2015 to file objections to the 1/26/2015 findings and recommendations; the sealed docu ments referred to at ECF No. 70 , which consist of confidential psychiatric reports submitted to the state trial court, shall be UNSEALED FOR THE USE OF THE PETITIONER'S AND RESPONDENT'S COUNSEL ONLY; dissemination of the documents describ ed above shall be limited to counsel for the parties in this case and their staffs and solely for the purposes of briefing any objections or responses to objections to the findings and recommendations in this case, further dissemination to anyone els e for any other purpose is PROHIBITED; should counsel for either party wish to file any or all of the above documents in this Court, they shall be filed UNDER SEAL; and the Clerk shall make copies of these documents available for inspection and copyi ng to counsel for petitioner Mark D. Eibert, Esq. and counsel for respondent Sean McCoy, Esq., and/or their designated staffs; if only one party copies the documents, they are authorized to provide copies to their opposing counsel to save prosecutorial and CJA resources. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DORIAN BAILEY,

12

No. 2:10-cv-0084 TLN CKD P

Petitioner,

13

v.

14

GREG LEWIS,

15

ORDER

Respondent.

16
17

The court has considered petitioner’s unopposed motion for extension of time to object to

18

the January 23, 2015 findings and recommendations (ECF No. 72), accompanied by an

19

unopposed motion to unseal certain documents for use in the objections (ECF No. 73).

20

Good cause appearing therefore, it is hereby ORDERED as follows:

21

1. Both of petitioner’s unopposed motions (ECF Nos. 72 and 73) are granted;

22

2. The parties may have until March 6, 2015 to file objections to January 23, 2015

23
24

findings and recommendations;
3. The sealed documents referred to at ECF No. 70, which consist of confidential

25

psychiatric reports submitted to the state trial court, shall be unsealed for the use of the

26

petitioner’s and respondent’s counsel only;

27
28

4. Dissemination of the documents described above shall be limited to counsel for the
parties in this case and their staffs and solely for the purposes of briefing any objections or
1

1

responses to objections to the findings and recommendations in this case. Further dissemination

2

to anyone else for any other purpose is prohibited;

3
4
5

5. Should counsel for either party wish to file any or all of the above documents in this
Court, they shall be filed under seal; and
6. The Clerk of the Court shall make copies of these documents available for inspection

6

and copying to counsel for petitioner Mark D. Eibert, Esq. and counsel for respondent Sean

7

McCoy, Esq., and/or their designated staffs. If only one party copies the documents, they are

8

authorized to provide copies to their opposing counsel to save prosecutorial and CJA resources.

9
10
11
12

IT IS SO ORDERED.
Dated: January 29, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2