Horning v. Cullen

Filing 32

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/12/11 GRANTING 28 Lodgement of Sealed Claim and Exhibits in Support of Petitioner's State Habeas Corpus Petition filed by Danny Ray Horning. The court is ORDERING these lodgments sealed only because the federal case may be stayed for further proceedings in state court, and on the representation of counsel that some of the documents to be sealed are confidential by law. However, this order to seal will expire when any further referen ce to the materials is made in federal court after a decision to stay for state exhaustion, or not stay, has been made; after such time individual sealing determinations will have to be made. This order also has no effect on what may need to be the subject of a state court sealing order on exhaustion. (Meuleman, A)

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DANIEL BRODERICK, Bar No. 89424
Federal Defender
LISSA J. GARDNER, New Mexico Bar No. 9429
Assistant Federal Defender
HILARY SHEARD, Texas Bar No. 50511187
Assistant Federal Defender
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
e-mail: [e-mail]
e-mail: [e-mail]

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Attorneys for Danny Ray Horning
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNY RAY HORNING,
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Petitioner,
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vs.
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MICHAEL MARTEL, Warden,
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San Quentin State Prison,
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Respondent.
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_______________________________________)

DEATH PENALTY CASE
[PROPOSED] ORDER GRANTING
LODGEMENT OF SEALED CLAIM AND
EXHIBITS IN SUPPORT OF PETITIONER’S
STATE HABEAS CORPUS PETITION

Good cause appearing at present, Petitioner’s Motion to Lodge Sealed Claim and Exhibits in

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NO. 2:10-cv-01932-JAM-GGH

Support of Petitioner’s State Habeas Corpus Petition is GRANTED.

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The court is ordering these lodgments sealed only because the federal case may be stayed

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for further proceedings in state court, and on the representation of counsel that some of the documents to

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be sealed are confidential by law. However, this order to seal will expire when any further reference to the

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materials is made in federal court after a decision to stay for state exhaustion, or not stay, has been made;

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after such time individual sealing determinations will have to be made. This order also has no effect on

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what may need to be the subject of a state court sealing order on exhaustion.

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[Proposed] Order Granting Lodgement of Sealed Claim and
Exhibits in Support of Petitioner’s State Habeas Corpus Petition

Horning v. Cullen, No. 2:10-cv-01932-JAM-GGH

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Dated: July 12, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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horn1932.ord2

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[Proposed] Order Granting Lodgement of Sealed Claim and
Exhibits in Support of Petitioner’s State Habeas Corpus Petition

Horning v. Cullen, No. 2:10-cv-01932-JAM-GGH

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