Summerfield v. Singh

Filing 14

ORDER signed by Magistrate Judge Dale A. Drozd on 8/5/14 ORDERING that the Clerk of the Court is directed to: a. File the March 30, 2009, May 1, 2009, and October 7, 2009, Marsden hearing transcripts under seal; b. Send petitioner one copy of the March 30, 2009, May 1, 2009, and October 7, 2009, Marsden hearing transcripts; and Send respondent one copy of the March 30, 2009, May 1, 2009, and October 7, 2009, Marsden hearing transcripts; Respondent is directed to file a response to petitioners habeas petition within 60 days from the date of this order. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RUDOLPH SUMMERFIELD,

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No. 2:12-cv-1953 GEB DAD P

Petitioner,
v.

ORDER

V. SINGH,
Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254.

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This court previously granted respondent’s request to defer briefing in this matter and

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issued an order requesting that the California Court of Appeal for the Third Appellate District

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transmit copies of petitioner’s Marsden hearing transcripts to this court for filing under seal. This

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court has now received copies of the requested transcripts.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to:

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a. File the March 30, 2009, May 1, 2009, and October 7, 2009, Marsden hearing
transcripts under seal;
b. Send petitioner one copy of the March 30, 2009, May 1, 2009, and October 7,
2009, Marsden hearing transcripts; and
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c. Send respondent one copy of the March 30, 2009, May 1, 2009, and October 7,
2009, Marsden hearing transcripts1;
2. Respondent is directed to file a response to petitioner’s habeas petition within sixty

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days from the date of this order. See Rule 4, 28 U.S.C. foll. § 2254. An answer shall be

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accompanied by all transcripts and other documents relevant to the issues presented in the

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petition. See Rule 5, 28 U.S.C. foll. § 2254;
3. If the response to the habeas petition is an answer, petitioner’s reply, if any, shall be

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filed and served within thirty days after service of the answer; and
4. If the response to the habeas petition is a motion, petitioner’s opposition or statement

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of non-opposition to the motion shall be filed and served within thirty days after service of the

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motion, and respondent’s reply, if any, shall be filed and served within fourteen days thereafter.

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Dated: August 5, 2014

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DAD:9
summ1953.seal

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By raising issues in connection with those proceedings in his federal habeas petition pending
before this court, petitioner has waived any right he may have had to keep those proceedings
sealed with respect to respondent’s counsel.
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