Jackio v. Pfeiffer

Filing 20

ORDER signed by Magistrate Judge Gregory G. Hollows on 11/9/2018 ORDERING Respondent to provide the sealed portions of the trial record, as described in this order, within 5 business days of this order. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE L. JACKIO,

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Petitioner,

No. 2:16-cv-2812
ORDER

v.
PFEIFFER, Warden,
Respondent.

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Respondent served an Answer to the Petition for Writ of Habeas Corpus filed by the

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petitioner and pending before this court. ECF No. 12. In conformity with an earlier Order of this

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Court the respondent also Lodged the state court record with the court. ECF No. 13. There are,

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however, omissions from that record comprising in camera hearings held by the trial court to

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discuss the basis for petitioner’s Marsden motions seeking to replace counsel which are noted to

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have been filed under seal and the reporter’s transcription of those meetings was excluded from

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the Reporter’s Transcript Lod. Doc. No. 1 at 1-4 and 38-54. Insofar as petitioner’s petition

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challenges the sufficiency of the Faretta warnings he received from the court and claims that the

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action of the court resulted in a coerced waive of his rights and his decision to proceed in a

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complex trial pro per, the court must have access to these records in full, both documentary and

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transcribed, in order to completely address the petition.

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In light of the foregoing IT IS HEREBY ORDERED that:

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Respondent shall provide the sealed portions of the trial record described above,

both documentary and in the form of the reporter’s transcript within 5 business days of this Order.
IT IS SO ORDERED.
DATED: November 9, 2018

/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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