Curtiss v. Braun

Filing 23

ORDER for filing of additional parts of state court record. By Magistrate Judge Charles S. Miller, Jr. (BG) Distributed on 3/13/2018 (cjs). (Main Document 23 replaced on 3/13/2018 to correct error in document. Regenerated NEF and redistributed.) (rh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Spencer Kerry Curtiss,
Petitioner,

vs.
Colby Braun, Warden,
Respondent.

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ORDER FOR FILING
OF ADDITIONAL PARTS
OF STATE COURT RECORD

Case No. 1:16-cv-00049

It is ORDERED that the following items from the state court records be marked, filed, and
included in the record of this proceeding as follows:
Exhibit 37 -

Copy of State's Trial Exhibit #1 (the recording of the phone call between
K.D. and the defendant) filed with state district court as Doc. ID #57 in Case
No. 08-10-K-01650 as referenced in this case in Ex. 1.

Exhibit 38 -

Copy of State's Trial Exhibit # 16 (containing a video shown during trial)
filed with state district court as Doc. ID #60 in Case No. 08-10-K-01650 as
referenced in this case in Ex. 1.

Exhibit 39 -

Copies of State's Trial Exhibits 2-5 (photographs) ) filed with state district
court as Doc. ID #58 in Case No. 08-10-K-01650 as referenced in this case
in Ex. 1.

Exhibit 40 -

Curtiss’s amended application for Post-Conviction Relief filed with state
district court as Doc. ID #36 in Case No. 08-2012-cv-01810 as referenced in
this case in Ex. 6.

Exhibit 41 -

Curtiss's second Application for Post-Conviction Relief signed by Curtiss on
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August 12, 2014, including affidavits and exhibits supporting the application,
filed with state district in Civil No. 08-2014-cv-1843 an incomplete copy of
which is Ex. 13 in this case.
It is further ORDERED:
1.

The above material be filed under seal given their sensitive nature.

2.

The parties can make any objections they deem appropriate to the court's
consideration of the material in their response to the undersigned's Report and
Recommendation in this case with respect to the pending motion to dismiss, which
will be forthcoming.

Dated this 13th day of March, 2019.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr.
United States Magistrate Judge

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