Anderson v. Gipson

Filing 45

ORDER signed by Judge Kimberly J. Mueller on 4/7/2015 VACATING the 44 Judgment and 43 Order Adopting Findings and Recommendations. It is FURTHER ORDERED that within 21 days from the date of this order, respondent shall lodge with the court: 1) Page 84 and 85 of the Reporter's Transcript of proceedings from 10/25/2017, said pages to be lodged and maintained under seal until further order of this court, 2) Reports, if any, from any and all psychological/psychiatric evaluations of petitioner that look place after the trial court continued petitioner's trial to 11/13/2007, and 3) The videotape from the supermarket offered into evidence at petitioner's trial. Case reopened.(Donati, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

AARON ANDERSON,

12

Petitioner,

13
14

No. 2:12-cv-2964 KJM KJN P

v.

ORDER

CONNIE GIPSON,

15

Respondent.

16
Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas

17
18

corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as

19

provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 19, 2014, the magistrate judge filed findings and recommendations, which were

20
21

served on all parties and which contained notice to all parties that any objections to the findings

22

and recommendations were to be filed within fourteen days. Petitioner has filed objections to the

23

findings and recommendations.

24

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

25

court is required to conduct a de novo review of this case. In order to conduct said review, the

26

court will require respondent to lodge several items referred to in the findings and

27

recommendations that are not in the record before this court.

28

/////
1

1
2
3
4
5
6
7

Accordingly, IT IS HEREBY ORDERED that the April 7, 2015 Order (ECF No. 43) and
Judgment (ECF No. 44) are VACATED.
IT IS HEREBY FURTHER ORDERED that within twenty-one days from the date of this
order respondent shall lodge the following with this court:
1. Pages 84 and 85 of the Reporter’s Transcript of proceedings from October 25,
2007, said pages to be lodged and maintained under seal until further order of this court;
2. Reports, if any, from any and all psychological/psychiatric evaluations of

8

petitioner that took place after the trial court continued petitioner’s trial to November 13, 2007,

9

see ECF No. 37 at 16; and

10
11

3. The videotape from the supermarket offered into evidence at petitioner’s trial.
DATED: April 7, 2015.

12
13

UNITED STATES DISTRICT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2