Opinion
Case No.:12:-cv-01583-AWI-SAB (HC)
01-17-2013
MICHAEL VONTRE JAMES, Petitioner, v. D.A. BRAZELTON, et.al., Respondents.
ORDER DIRECTING RESPONDENT TO
SUBMIT COPY OF VOIR DIRE
TRANSCRIPT
Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
On November 30, 2012, Respondent filed an answer to the petition, along with a notice of lodging of the state court records, and the Court received the documents on December 3, 2012.
Petitioner's traverse is due on or before February 13, 2013.
In Ground Four of the petition, Petitioner raises a Batson/Wheeler challenge contending the prosecutor excused prospective jurors on the basis of race. The Respondent has submitted a copy of the transcript of the voir dire proceedings which are necessary for this Court to properly analyze Petitioner's Batson/Wheeler challenge. Accordingly,
Batson v. Kentucky, 476 U.S. 79 (1986); People v. Wheeler, 22 Cal.3d 258 (1978).
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IT IS HEREBY ORDERED that within thirty (30) days from the date of service of this order, Respondent shall submit a complete transcript of the voir dire proceedings. IT IS SO ORDERED.
Stanley A. Boone
UNITED STATES MAGISTRATE JUDGE