Stevens v. Barns

Filing 29

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/25/13 ORDERING that both of petitioners January 28, 2013 motions for record materials (Dkt. Nos. 27 , 28 ) are denied. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMEL R. STEVENS,

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Petitioner,

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No. 2:11-cv-3390 MCE CKD P

vs.
RON BARNS,

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ORDER
Respondent.

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/

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On January 28, 2013, petitioner filed two motions for record materials pursuant to

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the California Rules of Court. (Dkt. Nos. 27, 28.) These state court rules do not apply in this

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federal action. Moreover, in its order dated December 28, 2011, the court stated that an answer

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filed in this action “shall be accompanied by all transcripts and other documents relevant to the

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issues presented in the petition.” (Dkt. No. 3, citing Rule 5, Fed. R. Governing § 2254 Cases.)

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Accordingly, shortly after respondent filed an answer (Dkt. No. 15), he lodged numerous

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documents with the court concerning the underlying conviction in this action. (Dkt. No. 17.) At

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this time, the court has no reason to believe that respondent’s lodged documents do not include

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all relevant materials.

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Accordingly, IT IS HEREBY ORDERED THAT both of petitioner’s January 28,
2013 motions for record materials (Dkt. Nos. 27, 28) are denied.
Dated: February 25, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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stev3390.ord

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