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Anderson v. Gipson

United States District Court, Ninth Circuit, California, E.D. California
Apr 7, 2015
2:12-cv-2964 KJM KJN P (E.D. Cal. Apr. 7, 2015)

Opinion


AARON ANDERSON, Petitioner, v. CONNIE GIPSON, Respondent. No. 2:12-cv-2964 KJM KJN P United States District Court, E.D. California. April 7, 2015

          ORDER

          KIMBERLY J. MUELLER, District Judge.

         Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

         On March 19, 2014, the magistrate judge filed findings and recommendations, which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Petitioner has filed objections to the findings and recommendations.

         In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court is required to conduct a de novo review of this case. In order to conduct said review, the court will require respondent to lodge several items referred to in the findings and recommendations that are not in the record before this court.

         Accordingly, IT IS HEREBY ORDERED that the April 7, 2015 Order (ECF No. 43) and Judgment (ECF No. 44) are VACATED.

         IT IS HEREBY FURTHER ORDERED that within twenty-one days from the date of this order respondent shall lodge the following with this court:

         1. Pages 84 and 85 of the Reporter's Transcript of proceedings from October 25, 2007, said pages to be lodged and maintained under seal until further order of this court;

         2. Reports, if any, from any and all psychological/psychiatric evaluations of petitioner that took place after the trial court continued petitioner's trial to November 13, 2007, see ECF No. 37 at 16; and

         3. The videotape from the supermarket offered into evidence at petitioner's trial.


Summaries of

Anderson v. Gipson

United States District Court, Ninth Circuit, California, E.D. California
Apr 7, 2015
2:12-cv-2964 KJM KJN P (E.D. Cal. Apr. 7, 2015)
Case details for

Anderson v. Gipson

Case Details

Full title:AARON ANDERSON, Petitioner, v. CONNIE GIPSON, Respondent.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Apr 7, 2015

Citations

2:12-cv-2964 KJM KJN P (E.D. Cal. Apr. 7, 2015)