Trujillo v. Lewis et al

Filing 81

ORDER REQUESTING TRANSCRIPT OF IN CAMERA HEARING. Signed by Judge Yvonne Gonzalez Rogers on 8/26/14. (fs, COURT STAFF) (Filed on 8/26/2014)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 Northern District of California United States District Court 11 12 MARIO TRUJILLO, 13 14 Case No.: 11-CV-0522 YGR Petitioner, ORDER REQUESTING TRANSCRIPT OF IN CAMERA HEARING v. 15 GREG LEWIS, Warden, 16 Respondent. 17 18 19 Now before the Court is a habeas corpus petition filed by Petitioner Mario Trujillo pursuant to 20 28 U.S.C. section 2254. (Dkt. No. 1.) Respondent Greg Lewis has filed an answer and a 21 memorandum of points and authorities in support thereof, as well as exhibits (Dkt. Nos. 5, 6-37); 22 Petitioner has filed a traverse (Dkt. No. 62). 23 Relevant to Petitioner’s habeas corpus petition is the trial court’s decision pertaining to his 24 third party suspect defense and his motion to disclose the identity of a confidential informant. After 25 conducting an in camera hearing on June 11, 2007, the trial court denied Petitioner’s request to 26 disclose the identity of a confidential informant. The state appellate court affirmed the trial court’s 27 decision after reviewing the record, including the sealed transcript of the in camera hearing. The 28 record certified to this Court does not include the sealed transcript. 1 Accordingly, Respondent is ORDERED to provide to the Court a copy of the transcript from 2 the in camera proceedings. The transcript shall be provided no later than September 12, 2014. Due 3 to the highly sensitive nature of the information contained in the transcript, Respondent need not file 4 the document on the Court’s docket; a copy of the receipt of service filed on the docket shall suffice. 5 6 7 8 IT IS SO ORDERED. Date: August 26, 2014 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 9 10 Northern District of California United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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