Chatman v. Evans

Filing 122

ORDER signed by Chief District Judge Kimberly J. Mueller on 2/24/2020 DENYING 121 Request for trial transcript before Solano County Superior Court. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY A. CHATMAN,

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No. 2:10-cv-00264 KJM CKD P

Petitioner,
v.

ORDER

RICK HILL,

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Respondent.

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Petitioner, a California state inmate proceeding through appointed counsel, filed an

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application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 15, 2019, the

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petition was granted with respect to petitioner’s claim of ineffective assistance of counsel and

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denied as to petitioner’s remaining claims. ECF No. 114. Judgment was entered on the same

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day. ECF No. 115.

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On February 11, 2020, the court received a request from petitioner in propria

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persona, in which petitioner explains he has attempted to procure a copy of the transcript of

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petitioner’s August 29, 2019 sentencing hearing before the Solano County Superior Court.

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Petitioner asks the court to order the sentencing judge and petitioner’s previous attorney, Denis

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Honeychurch, to provide petitioner with a copy of said transcript.

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This request is improperly filed before the federal court, which generally may not

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order a state court to provide transcripts to a defendant. See Demos v. United States Dist. Court
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for the E. Dist. of Wash., 925 F.2d 1160, 1161 (9th Cir.1991) (a federal court lacks jurisdiction to

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issue a write of mandamus to a state court) (citation omitted). Rather, petitioner’s request should

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be filed with the state court that sentenced petitioner, Solano County Superior Court.

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Accordingly, the request is DENIED.

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IT IS SO ORDERED.

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DATE: February 24, 2020.

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