Dixon v. Yates

Filing 64

PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 06/22/15 regarding the discovery of trial attorney file materials. (See order for further details)(Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRANK DIXON, No. 2:10-cv-0631 JAM AC P 12 Petitioner, 13 v. PROTECTIVE ORDER 14 JAMES YATES, 15 Respondent. 16 17 18 This habeas corpus case is set for evidentiary hearing on August 3, 2015. Discovery of 19 trial attorney file materials shall be governed by the procedure set forth at ECF No. 63, and any 20 and all materials produced shall be subject to this Protective Order. For purposes of the evidentiary hearing and preparation for the evidentiary hearing, all 21 22 discovery of trial attorney file materials granted to respondent shall be deemed to be confidential. 23 In any event, documents and materials produced from the trial counsel files (hereinafter 24 “documents”) may be used only by counsel for respondent, other representatives from the Office 25 of the California Attorney General, and persons working under their direct supervision (including 26 expert consultants), and only for purposes of any proceedings incident to litigating the claim(s) 27 presented in the petition for writ of habeas corpus pending before this Court. 28 //// 1 1 Disclosure of the contents of the documents and the documents themselves may not be 2 made to any other persons or agencies, including any other law enforcement or prosecutorial 3 personnel or agencies, without an order from this Court. The communications and materials may 4 not be used, cited, or relied upon by the state in any other proceedings against petitioner, 5 including any future retrial. This order extends to respondent and all persons acting on behalf of 6 respondent in this proceeding, including but not limited to persons employed by the Office of the 7 California Attorney General, persons working on this matter who are employed by California 8 governmental divisions other than the Attorney General, persons retained by respondent for any 9 investigative or consulting work on this matter, and any expert consultants or witnesses assisting 10 11 respondent. This order shall continue in effect after the conclusion of the habeas corpus proceedings 12 and specifically shall apply in the event of a retrial of all or any portion of petitioner's criminal 13 case, except that either party maintains the right to request modification or vacation of this order 14 upon entry of final judgment in this matter. 15 16 IT IS SO ORDERED. DATED: June 22, 2015 17 18 19 20 21 22 23 24 25 26 27 28 2

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