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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK DIXON,

No. 2:10-cv-0631 JAM AC P

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Petitioner,
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v.

PROTECTIVE ORDER

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JAMES YATES,
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Respondent.
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This habeas corpus case is set for evidentiary hearing on August 3, 2015. Discovery of

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trial attorney file materials shall be governed by the procedure set forth at ECF No. 63, and any

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and all materials produced shall be subject to this Protective Order.
For purposes of the evidentiary hearing and preparation for the evidentiary hearing, all

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discovery of trial attorney file materials granted to respondent shall be deemed to be confidential.

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In any event, documents and materials produced from the trial counsel files (hereinafter

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“documents”) may be used only by counsel for respondent, other representatives from the Office

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of the California Attorney General, and persons working under their direct supervision (including

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expert consultants), and only for purposes of any proceedings incident to litigating the claim(s)

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presented in the petition for writ of habeas corpus pending before this Court.

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Disclosure of the contents of the documents and the documents themselves may not be

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made to any other persons or agencies, including any other law enforcement or prosecutorial

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personnel or agencies, without an order from this Court. The communications and materials may

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not be used, cited, or relied upon by the state in any other proceedings against petitioner,

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including any future retrial. This order extends to respondent and all persons acting on behalf of

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respondent in this proceeding, including but not limited to persons employed by the Office of the

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California Attorney General, persons working on this matter who are employed by California

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governmental divisions other than the Attorney General, persons retained by respondent for any

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investigative or consulting work on this matter, and any expert consultants or witnesses assisting

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respondent.
This order shall continue in effect after the conclusion of the habeas corpus proceedings

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and specifically shall apply in the event of a retrial of all or any portion of petitioner's criminal

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case, except that either party maintains the right to request modification or vacation of this order

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upon entry of final judgment in this matter.

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IT IS SO ORDERED.
DATED: June 22, 2015

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