Sorenson v. Spearman

Filing 19

ORDER signed by Magistrate Judge Dale A. Drozd on 9/22/15 ORDERING that petitioners September 10, 2015 request for the issuance of a subpoena duces tecum (ECF No. 15 ) is DENIED without prejudice. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN A. SORENSON,

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No. 2:15-cv-1304 DAD P

Petitioner,
v.
MARION SPEARMAN,

ORDER

Respondent.

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Petitioner is a state prisoner proceeding through counsel with an application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Respondent filed an answer on September 14, 2015.

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Petitioner’s traverse is due to be filed on October 14, 2015.

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On September 10, 2015, petitioner filed a document entitled “Request for Fees and Order

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for Subpoena’s Duces Tecum.” (ECF No. 15.) Therein, petitioner requests that this court issue

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two subpoenas to produce documents from the Tehama County District Attorney and the

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California Highway Patrol (CHP), Red Bluff Station, regarding whether a CHP Officer Burson

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was available to appear at a February, 2012 preliminary hearing held in the state court criminal

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proceedings which resulted in the conviction petitioner is challenging in these federal habeas

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proceedings. (Id. at 1-2.) Petitioner apparently contends that the documents he seeks are relevant

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to support his federal habeas claim that the state trial court erred in finding good cause to continue

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his preliminary hearing.
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Until this court has the opportunity to conduct a thorough review of the merits of

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petitioner's claims, the undersigned cannot determine whether there is a factual dispute

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necessitating an evidentiary hearing or supplementation of the record in this case. Following such

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a review, the court will sua sponte issue an order for an evidentiary hearing or for expansion of

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the record, should it find that such a course of action is necessary and appropriate. Accordingly,

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petitioner’s September 10, 2015 request for the issuance of a subpoena duces tecum will be

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denied at this time without prejudice to the court’s consideration of whether an evidentiary

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hearing or supplementation of the record is called for at the appropriate time.

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For the foregoing reasons, IT IS HEREBY ORDERED that petitioner’s September 10,

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2015 request for the issuance of a subpoena duces tecum (ECF No. 15) is denied without

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prejudice.

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Dated: September 22, 2015

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DAD:8
Sorenson1304.exp

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