Rico v. Lewis

Filing 31

ORDER Granting in Part 30 Respondent's Request Regarding Excerpts of Record. Signed by Judge Edward M. Chen on 6/23/2014. (Attachments: # 1 Certificate/Proof of Service). (emcsec, COURT STAFF) (Filed on 6/23/2014)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

JORGE RICO,

9

Petitioner,
v.

11
For the Northern District of California

United States District Court

10

No. C-12-6127 EMC (pr)

G. D. LEWIS, Warden,

12

ORDER GRANTING IN PART
RESPONDENT’S REQUEST
REGARDING EXCERPTS OF RECORD

Respondent.
___________________________________/

(Docket No. 30)
13
14
15

On March 23, 2014, the Court denied Petitioner’s petition for a writ of habeas corpus and

16

granted a certificate of appealability. On March 31, 2014, Petitioner filed a notice of appeal.

17

Petitioner requested photocopies of the “excerpts of record” in which he requested the entire clerk’s

18

transcript and reporter’s transcript. On May 30, 2014, the Court ordered Respondent to forward to

19

Petitioner a copy of the exhibits he requested.

20

On June 2, 2014, Respondent filed a Response to the Court’s May 30, 2014 Order in which

21

Respondent requested the Court amend its Order so that he would be required to serve on Petitioner

22

only those portions of the state court record cited by the parties in their briefs and by the Court in its

23

Order denying habeas relief. Respondent also requests that he be allowed to delay forwarding the

24

excerpts of record to Petitioner because the Ninth Circuit may appoint counsel to represent

25

Petitioner on appeal.

26
27
28

The Court grants Respondent’s request, in part. It denies the request for delay but amends its
Order so that Respondent is required to forward to Petitioner only those portions of the state record

1

cited by the parties and by the Court. Respondent must forward these materials to Petitioner within

2

twenty-one days from the date of this Order.

3

This order terminates Docket No. 30.

4
5

IT IS SO ORDERED.

6
7

Dated: June 23, 2014

8

_________________________
EDWARD M. CHEN
United States District Judge

9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2