Fuentes v. Lewis et al

Filing 32

ORDER signed by Judge Morrison C. England, Jr on 2/7/12; IT IS HEREBY ORDERED that petitioner's Motion for Reconsideration (ECF No. 15) is DENIED.. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT FUENTES,
Petitioner,

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vs.

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No. 2:10-cv-02873-MCE-JFM (HC)

ORDER

GREG LEWIS, Warden, et al.,
Respondents.

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Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. On October 25, 2010, petitioner filed a motion to compel

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state court records. Magistrate Judge John F. Moulds construed this motion as a motion to

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compel the California Department of Corrections and Rehabilitation to photocopy the entirety of

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petitioner’s state court record, which Judge Moulds denied by order dated April 22, 2011. See

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ECF No. 12. Judge Moulds also denied petitioner’s request to the extent it attempted to seek an

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order directing respondent to file the entire state court record. This request was denied on the

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ground that the respondent is statutorily required to lodge relevant portions of the record with his

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answer. See Rule 5 of the Rules Governing Section 2254 Cases.

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Pursuant to Eastern District of California Local Rule 303(f), a magistrate judge’s orders

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shall be upheld unless “clearly erroneous or contrary to law.” Upon review of the entire file, the

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Court finds that it does not appear that the magistrate judge’s ruling was clearly erroneous or

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contrary to law. He properly construed petitioner’s request and denied it without prejudice in

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light of respondent’s statutory duty to submit the relevant portions of the state court record with

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his answer. Indeed, respondent has already submitted the following documents to the court.

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1.

Petitioner’s October 17 and 24, 2007 jury verdicts (Lod. Doc. 1);

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2.

An December 21, 2007 Abstract of Judgment (Lod. Doc. 2);

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3.

The California Court of Appeal’s May 29, 2009 Opinion (Lod. Doc. 3);

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4.

Petitioner’s June 3, 2009 petition for review filed in the California Supreme Court

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(S173630) and denied on August 12, 2009 (Lod. Doc. 4);

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5.

An August 17, 2009 Remittitur (Lod. Doc. 5); and

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6.

Petitioner’s November 18, 2010 Petition for Writ of Habeas Corpus filed in the

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California Supreme Court (S188359) (Lod. Doc. 6).
Moreover, in his January 27, 2012 answer, respondent identifies the following

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documents that he will be lodge in a Supplemental Lodging (see Answer at 1 n.2):

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7.

The Clerk’s Transcripts, Volumes 1 & 2 (Lod. Doc. 7);

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8.

The Reporter’s Transcripts, Volumes 1– 4 (Lod. Doc. 8);

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9.

Petitioner’s Opening Brief on Appeal (Lod. Doc. 9);

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10.

Respondent’s Brief (Lod. Doc. 10);

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11.

Petitioner’s May 8, 2009, Petition for Writ of Habeas Corpus filed in the

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Sacramento County Superior Court (09F03933), and dismissed by the court on June 12, 2009

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(Lod. Doc. 11);
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Petitioner’s June 29, 2009, Petition for Writ of Habeas Corpus filed in the

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California Court of Appeal (C062231), and denied on July 9, 2009 (Lod. Doc. 12);

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13.

Petitioner’s March 4, 2010, Petition for Writ of Habeas Corpus filed in the

Sacramento County Superior Court (10F01742) and denied on April 9, 2010 (Lod. Doc. 13);
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Petitioner’s October 18, 2010, Petition for Writ of Habeas Corpus filed in the

California Court of Appeal (C066355), and denied on October 21, 2010 (Lod. Doc. 14); and

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15.

The Reporter’s Augmented Transcript on Appeal (Lod. Doc 15).

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Since these documents have been, or will be, provided, petitioner’s request was properly

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denied. If, upon consideration of petitioner’s writ for habeas relief, the Court finds that

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additional documents are necessary, it will order respondent to file them.

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Based on the foregoing, IT IS HEREBY ORDERED that petitioner’s Motion for
Reconsideration (ECF No. 15) is DENIED.
Dated: February 7, 2012

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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