Cordova v. Terhune, et al

Filing 42

ORDER re 39 to Allow Petitioner to have an Audio Cassette Appliance and to Review Audio Cassette Tapes Provided by Counsel. Signed by Judge Jeremy Fogel on 9/9/08. (dlm, COURT STAFF) (Filed on 9/10/2008)

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Maureen J. Shanahan (Bar No.1 02222) Totaro & Shanahan P.O. Box 789 Pacific Palisades, CA 90272 [phone] Attorneys for Petitioner Johnny Cordova

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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JOHNNY CORDOVA, Petitioner,

v.
C.A. TERHUNE, RODNEY HICKMAN, Warden, Respondent.

) Case No. C 01-20168-JF ) (PR) ) ) STIPULATION RE ORDER ) TO ALLOW PETITIONER ) TO HAVE AN AUDIO ) CASSETTE APPLIANCE ) AND TO REVIEW AUDIO ) CASSETTE TAPES ) PROVIDED BY COUNSEL ) ) Hearing Date: Oct. 16, 2008 ) Time: 9:00 a.m. ) Ctrm: 3 ) between Maureen J. Shanahan, attorney for

IT IS HEREBY

STIPULATED

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petitioner and Jill Thayer, Deputy Attorney General, attorney for respondent that there are various audio cassette tapes of conversations that may be introduced into evidence by either party and that in order to properly prepare for the evidentiary hearing and save

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STIPULATION RE ORDER TO ALLOW PETITIONER TO HAVE AN AUDIO CASSETTE APPLIANCE AND REVIEW AUDIO CASSETTE TAPES SUBMITTED BY COUNSEL

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court time. it is in the best interests of all that petitioner be allowed to listen to these tapes prior to the hearing. Petitioner has advised that he previously had such an appliance which was stolen from his cell. Petitioner and counsel submit they have been advised that inmates are not currently allowed such new appliances. Counsel is further advised that since petitioner previously had such an appliance he will be permitted to replace this appliance with an approved prison appliance from an approved institutional source; however a court order is required. Based on the foregoing, IT IS HEREBY STIPULATED AND AGREED by counsel for both parties that good cause exists and a court order should issue to the
Warden and Correctional Officers at Corcoran State Prison permitting petitioner Johnny

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Cordova,

K.16714,

3C01·1l8,

Corcoran

State Prison,

P.O. Box 3471, Corcoran,

California, to have an approved prison audio cassette appliance in his cell. It is furthers stipulated that petitioner shall be permitted to review 34 audio cassette tapes labeled with the name Cordova from the Office of the District, County of Santa Clara and submitted to petitioner through his attorney under appropriate institutional procedures and regulations.
Dated: September 4, 2008

Totaro & Shanahan

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Dated: September 4) 2008

Attorney General

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Deputy Attorney General

Attorneys for Respondents STIPULATION RE ORDER TO ALLO"" PETITIONER TO HAVE AN AUDIO CASSETTE APPLIANCE AND REVIEW AUDIO CASSETTE TAPES SUBMITTED

BY COUNSEL

TOTAL P.05

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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JOHNNY CORDOVA, Petitioner, v. C.A. TERHUNE, RODNEY HICKMAN, Warden, Respondent. _________________________________ Good cause appeanng following order:

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) ) ) Case No. C 01-20168-JF ) (PR) ) ) [P-R-O-P-O-S-E-D-]- ORDER --- - - - - - - - ) ) ) ) Date: October 16, 2008 ) Time: 9:00 a.m. ) Ctrm:3

from the stipulation of counsel, the Court Issues the

To: The Warden and Correctional Officers at Corcoran State Prison: YOU ARE HEREB ORDERED to permit petitioner, inmate Johnny Cordova, K16714, 3COl-118, Corcoran State Prison, P.O. Box 3471, Corcoran, California, to have a prison approved audio cassette appliance from an approved institutional source in his cell. YOU ARE FURTHER ORDERED to permit petitioner to review 34 audio cassette tapes labeled with the name Cordova from the Office of the District, County of Santa Clara and submitted to petitioner through his attorney under appropriate institutional procedures ~d re~ations.
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Maur en J. ShaJmran Attorney for Petitioner 9 Dated: September _, 2008 Hon. Jeremy Fogel United States District Judge
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[PROPOSED] ORDER

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PROOF OF SERVICE

1. BY MAIL:
I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is P.O. Box 789, Pacific Palisades, CA 90272. On September 4, 2008, I served the foregoing document described as [PROPOSED] ORDER in this action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States mail at Los Angeles, California, addressed as follows: Jill Thayer, Deputy Attorney General, 455 N. Golden Gate, #11000, San Francisco, CA 94102-3664 Johnny Cordova, K16714 2COl-118, P.O. Box 3471, Corcoran, CA 93212 I declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. Executed on September 4, 2008 at Los Angeles, California.

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[PROPOSED] ORDER