Harris v. Uribe

Filing 24

ORDER signed by Magistrate Judge Allison Claire on 4/26/13 DENYING 21 Motion to unseal Marsden Hearings. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WAYDE HOLLIS HARRIS,
Petitioner,

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No.2:12-cv-1502 AC P

vs.
DOMINGO URIBE, Jr., Warden,
Respondent.

ORDER
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Petitioner, a prisoner now proceeding with retained counsel, has filed a petition

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pursuant to 28 U.S.C. §2254. Petitioner has been granted until July 1, 2013 to file an amended

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petition. See ECF No. 19. On April 18, 2013, petitioner filed a motion for this court to order

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unsealed a number of Marsden hearings placed under seal in the San Joaquin County Superior

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Court. The motion will be denied because the subject records were not sealed by this court and

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the undersigned does not have control over them.

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Petitioner should direct his motion to the court in which the records are filed

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under seal. This court does find that the records of the Marsden hearings are necessary to

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litigation of petitioner’s Sixth Amendment claims alleging ineffective assistance of counsel.

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Accordingly, petitioner may wish to provide this order to the appropriate state court judge in
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support of a request to unseal the Marsden hearing records.

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IT IS SO ORDERED.
DATED: April 26, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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AC:009
harr1502.ord

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