Murray v. Lozano

Filing 21

ORDER DIRECTING RESPONDENT TO SUPPLEMENT THE RECORD. Signed by Judge Haywood S. Gilliam, Jr. on 4/28/2021. (ndr, COURT STAFF) (Filed on 4/28/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICKEY PAUL MURRAY,
Petitioner,

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United States District Court
Northern District of California

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Case No. 20-cv-00471-HSG
ORDER DIRECTING RESPONDENT
TO SUPPLEMENT THE RECORD

v.
J. LOZANO,
Respondent.

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Rickey Paul Murray filed this pro se action seeking a writ of habeas corpus pursuant to 28

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U.S.C. § 2254. One of Petitioner’s claims for habeas relief is that his counsel was ineffective for

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failing to raise a challenge under Batson v. Kentucky, 476 U.S. 79 (1986). Specifically, he

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contends that his counsel failed to object when the prosecutor struck one of two possible African

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American jurors, and defense counsel improperly challenged the other remaining African

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American juror, leaving an all-white panel of jurors. ECF No. 1 at 5–8. The Court orders that,

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within thirty (30) days of the date of this order, Respondent shall file with this Court and serve

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upon Petitioner copies of the voir dire transcript, as well as the juror questionnaires.

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The Court will sua sponte GRANT Petitioner leave to file a supplemental traverse, if

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Petitioner so wishes, that is limited to addressing the records produced by Respondent pursuant to

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this order. The supplemental traverse shall not exceed five pages and may not raise new

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arguments. Petitioner shall file his supplemental traverse within fourteen (14) days of receiving

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the above-referenced records. The habeas petition will be considered fully submitted by that date.

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IT IS SO ORDERED.
Dated: 4/28/2021

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HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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