Mays v. Clark

Filing 34

ORDER signed by Magistrate Judge Charlene H. Sorrentino on 10/25/2011 ORDERING Respondent to obtain and furnish the court with a copy of the video recording of Detective Husteds 2/9/2005 interview with Petitioner Mays. (Michel, G)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARIOUS A. MAYS, 11 12 13 14 Petitioner, No. CIV S-10-533 LKK CHS vs. KEN CLARK, Warden, Respondent. 15 ORDER / 16 Mays, a state prisoner, proceeds pro se with a petition for writ of habeas corpus 17 pursuant to 28 U.S.C. § 2254. At issue is his first degree murder conviction in the Sacramento 18 County Superior Court, case number 05F01223, for which he is serving life in prison without the 19 possibility of parole. 20 A copy of the video recording of Detective Husted’s February 9, 2005 interview 21 with Mays, referenced at pages 29-30 of the state court of appeal’s slip opinion, would be helpful 22 to a determination in this case. Accordingly, pursuant to Rules 5 and 7 of the Rules Governing 23 Section 2254 Cases in the United States District Courts, respondent is directed to obtain and 24 furnish the court with a copy of this video recording. IT IS SO ORDERED. 25 DATED: October 25, 2011 26 CHARLENE H. SORRENTINO UNITED STATES MAGISTRATE JUDGE 1

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