Barnett v. Knowles et al

Filing 34

ORDER by Judge Ronald M. Whyte Granting 21 Motion for Discovery. (jg, COURT STAFF) (Filed on 9/30/2009)

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BARRY J. PORTMAN Federal Public Defender CYN THIA C. LIE Assistant Federal Public Defender 160 West Santa Clara Street, Suite 575 San Jose, CA 95113 Telephone: [phone] Counsel for Petitioner DENNIS RAY BARNETT

*E-FILED - 9/30/09*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION DENNIS RAY BARNETT, ) ) ) Petitioner, ) v. ) ) ) ) ) MIKE KNOWLES, Warden, et al. ) ) Respondents. _____________________________________ ) No. C 08-01604 RMW [] ORDER GRANTING PETITIONER'S UNOPPOSED MOTION FOR DISCOVERY OF PETITIONER'S INMATE FILE AND MEDICAL AND MENTAL HEALTH RECORDS

Good cause appearing pursuant to Rule 6(a) of the Federal Rules Governing Section 2254 Cases, 28 U.S.C. foll. § 2254, it is hereby ordered that respondents, by and through counsel, shall provide to counsel for petitioner a complete copy of the following documents and records maintained by the California Department of Corrections and Rehabilitation regarding petitioner Dennis Ray Barnett, CDC No. C77539: 1. Petitioner's inmate file, or "C-file," including but not limited to records of disciplinary actions and complaints; visiting records; counseling reports and attendance records; education and/or training reports and attendance records; records of inmate work assignments;

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Petitioner's medical records, including but not limited to records of observation and treatment of petitioner while in CDCR custody, and records obtained by CDCR of petitioner's prior treatment in other medical or penal institutions;

3.

Petitioner's mental health records, including but not limited to records of observation and treatment of petitioner while in CDCR custody, records obtained by CDCR of prior mental health treatment in other medical or penal institutions or by other medical or mental health providers, and reports regarding petitioner's mental and/or developmental issues maintained by CDCR irrespective of source.

It is so ordered.

Dated: September 30, 2009

___________________________ RONALD M. WHYTE United States District Judge

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