Kilgore v. Walker

Filing 22

ORDER: Denying petitioner's motion for production of transcripts/augmentation of record re 20 . Granting petitioner's ex parte application re 18 , 19 . Petitioner's traverse (including any memorandum of points and authorities) m ay no exceed 30 pages in length and must file and serve no later than 2/27/09. No further extensions of the traverse deadline will permitted. Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 1/26/2009) (Additional attachment(s) added on 1/28/2009: # 1 cs) (ys, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 11 United States District Court For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

IVAN KILGORE, Petitioner, v. J. WALKER, acting warden, Respondent. /

No. C 07-5124 SI (pr) ORDER

Petitioner's motion for production of transcripts/augmentation of record is DENIED. (Docket # 20.) This motion is petitioner's third effort to obtain the transcript of an Oklahoma court trial. The motion is denied for the reasons stated in the Order Denying Motion For Funds, pp. 2-3. Petitioner's effort to characterize the transcript as Brady material is unpersuasive in light of his acknowledgment that the only part of the transcript the California prosecutor ever obtained from the Oklahoma court reporter was the transcript of petitioner's testimony, and that has been provided to him. (See docket # 6 (Reply filed June 12, 2008), p. 2.) Petitioner's ex parte application for an extension of time to file his traverse is GRANTED. (Docket # 18, # 19.) Petitioner's traverse (including any memorandum of points and authorities) may not exceed thirty pages in length and must be filed and served no later than February 27, 2009. No further extensions of the traverse deadline will be permitted because, by the time it arrives, petitioner will have had more than three months to prepare his traverse. IT IS SO ORDERED. DATED: January 26, 2009 SUSAN ILLSTON United States District Judge