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Jasper v. Bird

United States District Court, Eastern District of California
Oct 3, 2022
2:22-cv-1226 KJM DB P (E.D. Cal. Oct. 3, 2022)

Opinion

2:22-cv-1226 KJM DB P

10-03-2022

LEE CHARLES JASPER, Petitioner, v. LANDON BIRD, Warden, Respondent.


ORDER

Deborah Barnes United States Magistrate Judge

Petitioner raises issues regarding the state court denial of claims regarding trial counsel. A record of the sealed March 27, 2018 hearing on that complaint (ECF No. 13-3, Reporter's Supplemental Transcript on Appeal at 9-23) is not before this Court. It appears possible that this transcript may be relevant and helpful for the court to consider in reviewing the decision of the state court

Accordingly, the court will request that respondent shall transmit complete copies to the court. In doing so the court makes no finding as to whether it is appropriate for the court to consider these transcripts. 28 U.S.C. § 2254(d)(2); See Cullen v. Pinholster, 563 U.S. 170 (2011).

Good cause appearing, IT IS HEREBY ORDERED that:

1. Respondent's request for order (ECF No. 14) is granted;

2. Respondent shall forthwith ask the California Court of Appeal to transmit a copy of the transcript of that hearing to this Court, for filing under seal;

3. Following receipt of the transcripts, parties are permitted to file motions to have transcripts unsealed or stipulate to their unsealing if they choose to do so; and

4. All pending deadlines are vacated pending the receipt of the sealed transcripts. The court will reset the deadline following receipt of the requested transcripts.


Summaries of

Jasper v. Bird

United States District Court, Eastern District of California
Oct 3, 2022
2:22-cv-1226 KJM DB P (E.D. Cal. Oct. 3, 2022)
Case details for

Jasper v. Bird

Case Details

Full title:LEE CHARLES JASPER, Petitioner, v. LANDON BIRD, Warden, Respondent.

Court:United States District Court, Eastern District of California

Date published: Oct 3, 2022

Citations

2:22-cv-1226 KJM DB P (E.D. Cal. Oct. 3, 2022)