Jastraub v. Barnes

Filing 17

ORDER signed by Magistrate Judge Dale A. Drozd on 1/14/14 ORDERING that the Sacramento County Superior Court is requested to transmit copies of petitioners Marsden hearing transcripts to this Court for filing under seal; Respondent shall forth deliver a copy of this order to the Sacramento County Superior Court; and Further briefing in this Court is deferred pending this Courts receipt of the transcript, or until further order of this Court.(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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MICHAEL EUGENE JASTRAUB,

Case No. 2:13-cv-01036-DAD

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Petitioner, ORDER
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v.
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RON BARNES, Warden,

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Respondent.

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Respondent has requested a deferral of briefing and an order regarding state court Marsden

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Hearing transcripts. It appears that transcripts of the in camera hearings held in petitioner’s

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underlying criminal proceedings pursuant to People v. Marsden, 2 Cal. 3d 118 (1970), on March

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6, 2009 and October 1, 2009, in the Sacramento County Superior court may be relevant and

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necessary to consider in addressing petitioner claims for habeas relief presented in the petition

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pending before this court.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The Sacramento County Superior Court is requested to transmit copies of petitioner’s

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Marsden hearing transcripts to this Court for filing under seal;
2. Respondent shall forth deliver a copy of this order to the Sacramento County Superior
Court; and

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3. Further briefing in this Court is deferred pending this Court’s receipt of the transcript, or

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until further order of this Court.

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Dated: January 14, 2014

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/jast1036.111brief