Boyrs v. Paramo

Filing 24

ORDER signed by Magistrate Judge Allison Claire on 1/3/17 ORDERING that respondent's motion to suspend briefing (ECF No. 23 ) is GRANTED and respondent's deadline to respond to the petition is VACATED. Within 30 days of service of this order, petitioner must provide respondent with a copy of the sealed portion of the Clerk's Transcript (pages 198-204). Petitioner should not file a copy with the court. If petitioner is unable to provide a copy of the sealed transcript, then within 30 days of service of this order he must file a notice with the court explaining why he cannot provide respondent with a copy of the sealed transcript.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT R. BORYS,

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No. 2:15-cv-1942 WBS AC P

Petitioner,
v.

ORDER

DANIEL PARAMO,
Respondent.

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Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed a petition for

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a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Currently before the court is respondent’s

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motion to suspend briefing. ECF No. 23.

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By order filed October 6, 2016, respondent was ordered to respond to the petition. ECF

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No. 16. Respondent requested and was granted one thirty day extension of time (ECF Nos. 21,

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22) and now seeks to suspend briefing in order to obtain sealed portions of the trial court

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transcript (ECF No. 23). One of petitioner’s claims is that the trial court improperly excluded

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evidence of his victim’s sexual conduct, precluding him from presenting a complete defense

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(ECF No. 11 at 5, 48-53), and the sealed portion of the transcript relates to an evidentiary motion

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on the matter. Petitioner appears to quote portions of the sealed transcript in his petition,

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indicating that he may be in possession of a copy of the sealed transcript. Id. at 52. Respondent

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requests that petitioner be required to provide the sealed portions of the transcript, or advise that
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he is unable to do so, as required by 28 U.S.C. § 2254(f).

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Respondent’s motion to suspend briefing (ECF No. 23) is granted and respondent’s

deadline to respond to the petition is vacated.
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Within thirty days of service of this order, petitioner must provide respondent with a

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copy of the sealed portion of the Clerk’s Transcript (pages 198-204). Petitioner should not file a

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copy with the court. If petitioner is unable to provide a copy of the sealed transcript, then within

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thirty days of service of this order he must file a notice with the court explaining why he cannot

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provide respondent with a copy of the sealed transcript.

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DATED: January 3, 2017

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