Boyrs v. Paramo

Filing 26

ORDER signed by Magistrate Judge Allison Claire on 2/07/17 ordering the sealed portion of the Clerks Transcript (pages 198-204) from petitioners state court proceedings regarding his motion filed under California Evidence Code § 782 is potentia lly relevant to the proceedings in this case. Respondent shall have sixty days from service of this order to obtain the sealed transcript, which shall be lodged under seal in this court, and file a response to the petition. (Plummer, M) Modified on 2/8/2017 (Plummer, 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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Petitioner,

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

v.

ORDER

DANIEL PARAMO,

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Respondent.

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By order filed January 5, 2017, petitioner was ordered to either provide respondent with

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the sealed portion of the Clerk’s Transcript (pages 198-204) from his state court proceedings or

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advise the court that he could not provide a copy. ECF No. 24. Briefing was stayed pending

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petitioner’s response. Id. Respondent previously requested that, if petitioner represented that he

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was unable to provide a copy of the sealed transcript, this court issue an order finding the

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transcript potentially relevant to these proceedings, to assist respondent in obtaining a copy of the

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transcript. ECF No. 23 at 2.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The sealed portion of the Clerk’s Transcript (pages 198-204) from petitioner’s state

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court proceedings regarding his motion filed under California Evidence Code § 782 is potentially

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relevant to the proceedings in this case.

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2. Respondent shall have sixty days from service of this order to obtain the sealed

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transcript, which shall be lodged under seal in this court, and file a response to the petition.

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DATED: February 7, 2017

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