Winter v. Glebe

Filing 25

ORDER directing the Respondent to provide the trial transcripts. Respondent shall have forty days from the entry of this order to complaint. The Clerk's office is directed to re-note the 8 Petition for consideration on 3/28/14. Signed by Magistrate Judge Karen L Strombom. (CMG; cc to Petitioner)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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BRIAN Z WINTER,

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Petitioner,

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ORDER

v.

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CASE NO. C13-5608 BHS-KLS

PATRICK GLEBE,
Respondent.

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This matter is before the Court on petitioner’s petition for writ of habeas corpus pursuant

17 to 28 U.S.C. §2254. Petitioner is arguing that the evidence was insufficient to convict him and
18 he also argues that some of the findings of the Washington State Court of Appeals are contrary to
19 the evidence presented in at his trial. Dkt 9, pp. 15-33; See also Dkt. 24 p. 3 (dispute regarding
20 the officer’s testimony).
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The Court must review the record to determine if the state courts adjudication either: (1)

22 resulted in a decision that was contrary to, or involved an unreasonable application of, clearly
23 established federal law, as determined by the Supreme Court; or (2) resulted in a decision that
24 was based on an unreasonable determination of the facts in light of the evidence presented

ORDER- 1

1 to the state courts. 28 U.S.C. §2254(d)(emphasis added). To complete this review the Court
2 requires the transcripts of the trial itself. Respondent did not provide that information as part of
3 the record on review. The Court now orders respondent to provide the trial transcripts.
4 Respondent shall have forty days from entry of this order to comply.
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The Clerk’s office is directed to re-note this petition for consideration on March 28, 2014

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Dated this 21 day of February, 2014.

A

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Karen L. Strombom
United States Magistrate Judge

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ORDER- 2