Fitch v. Attorney General of the State of Montana
Filing
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ORDER TO STATE TO FILE DOCUMENTS. Signed by Magistrate Judge Jeremiah C. Lynch on 6/22/2018. (APP) Copy to Fitch
FILED
JUN 2 2 2018
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
Cle~. lJ.S District Court
D1stnct.Of Montana
Missoula
Cause No. CV 18-56-M-DLC-JCL
WILLIAM FITCH,
Petitioner,
ORDER TO STATE TO FILE
DOCUMENTS
vs.
ATTORNEY GENERAL OF THE
STATE OF MONTANA,
Respondents.
On March 12, 2018, Petitioner William Fitch filed this action under 28
U.S.C. § 2254. Fitch is a state prisoner proceeding p'ro se.
To complete the prescreening process, see Rule 4, Rules Governing § 2254
Cases, the Court requires several documents from the state court record.
Based on the foregoing, the Court enters the following:
ORDER
1. The State is deemed served by electronic delivery upon filing of this
Order to the Montana Department of Justice general e-mail address for court
filings. Counsel must forthwith file a Notice of Appearance in this matter to
ensure his or her personal receipt of future filings.
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2. On or before July 20, 2018, the State must file the following documents:
a.
the trial court's case register report for the criminal proceedings;
b.
any transcript previously prepared in the trial court, including that of
the change of plea hearing;
c.
any and all waiver of rights forms and plea agreements signed by
Fitch;
d.
the original judgment and any amended judgments;
e.
the trial court's case register report for the postconviction
proceedings;
f.
all postconviction pleadings, with attached exhibits;
g.
any transcript previously prepared during postconviction proceedings,
including the transcript of any and all evidentiary hearings;
h.
the parties' post-hearing briefs, if any;
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the trial court's order denying postconviction relief.
3. The State may, but need not, file any additional documents it believes to
be relevant.
4. Manner of Filing the State Court Record.
a.
Exhibits must be filed and labeled in a way that enables people
interested in the case to look at the electronic docket sheet and
click on an exhibit they want to see without opening any other
document. See, e.g., Docket Entry 31, Intervest-Mortgage Inv.
Co. v. Canyon Holdings, LLC, No. CV 10-25-M-DWM (D.
Mont. July 19, 2010). The electronic filing system
automatically inserts the word "Exhibit" as the first word in the
title of any exhibit; the filing party completes the title in the
filing process. The State may, but need not, use exhibit letters
or numbers in addition to the exhibit label. For example, the
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trial transcript might be filed and labeled in two segments as
"[Exhibit] Trial Tr. to p.250," "[Exhibit] Trial Tr. to p.500."
b.
Exhibits should be filed in chronological order. For example,
the Judgment entered by the trial court should be filed after
pretrial motions and the trial transcript but before any briefs on
appeal. For transcripts, the date of the event reported, not the
date of the transcript's preparation, controls. If some exhibits
are not available until after the Answer is filed, they may be
filed out of order.
c.
Transcripts must be filed electronically. If possible, they should
be filed in an original electronic format rather than being
scanned. To facilitate electronic viewing, a condensed version
with four pages of testimony displayed on one page is no longer
preferred, but the State need not reformat any transcripts
already available.
5. If Fitch has reason to believe the State's exhibits are not the correct
documents from the state-court record, he must, within 21 days of the State's
service of the documents, state the basis for denying their correctness. See Rule
7(c), § 2254 Rules.
6. Unless the State objects within seven (7) days of the date of this
Order, Fitch need not serve on State's counsel the materials he files with this
Court. The State will be served via the Court's electronic filing system. The State
must, however, serve on Fitch a complete copy of everything it submits to the
Court.
Fitch must immediately notify the Court of any change in his mailing
address by filing a "Notice of Change of Address." Failure to do so may result in
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dismissal of this case without notice to him.
DA TED thi~chlay of June, 20
f e emiah C. Lynch
il'.:fnited States Magistrate Judge
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