Garrett v. Runnels

Filing 36

ORDER by Judge Saundra Brown Armstrong, GRANTING 29 Motion for Copy of Transcripts in Santa Cruz Cases. Respondent shall serve Petitioner with copy of Exhibits within (30) thirty-days of the date of this Order. Signed by Judge ARMSTRONG on 1/13/09. (lrc, COURT STAFF) (Filed on 1/13/2009) Modified on 1/14/2009 (jlm, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. D.L. RUNNELS, Warden, Respondent. / WILLIAM R. GARRETT, Petitioner, No. C 06-05182 SBA (PR) ORDER DIRECTING RESPONDENT TO SERVE COPIES OF EXHIBITS ON PETITIONER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Petitioner, a state prisoner, filed a pro se petition for a writ of habeas corpus. The Court issued an order to show cause requiring Respondent to show cause why the petition for a writ of habeas corpus should not be granted. Respondent filed an answer on April 30, 2007. Petitioner filed a traverse on May 25, 2007. Petitioner subsequently filed a "Motion for Order Granting Leave to Amend Petition for Habeas Corpus" in which Petitioner sought to amend his petition to add related claims that have been exhausted in the state supreme court. Respondent thereafter filed a statement of nonopposition to Petitioner's motion. In an Order dated July 30, 2008, the Court granted Petitioner's motion for leave to amend the petition to add his newly-exhausted claims, and the Court set a new briefing schedule. Respondent filed a supplemental answer on September 22, 2008. Petitioner filed a supplemental traverse on November 7, 2008. Petitioner has filed a request for "a complete copy of the reporter [sic] transcripts and clerk's transcript" in Santa Cruz County Superior Court Case nos. F-03105 and F-05575. (Req. for Tr. at 1.) The Court construes Petitioner's request as a request for an Order directing Respondent to serve

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

Petitioner with the aforementioned exhibits. Good cause appearing, the request is GRANTED. Respondent shall serve Petitioner with a copy of the aforementioned exhibits, which the Court assumes were previously lodged with the answer, on or before thirty (30) days from the date of this Order. IT IS SO ORDERED. Dated: 1/13/09

SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE

P:\PRO-SE\SBA\HC.06\Garrett5182.reqEXHIBITS.wpd 2

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

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA WILLIAM RUSSELL GARRETT, Plaintiff, v. D.L. RUNNELS et al, Defendant. /

Case Number: CV06-05182 SBA CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on January 13, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

William R. Garrett V-30110 California Men's Colony P.O. Box 8101 San Luis Obispo, CA 93409-8101 Dated: January 13, 2009 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

P:\PRO-SE\SBA\HC.06\Garrett5182.reqEXHIBITS.wpd 3