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)

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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

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