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Loveday v. Yarborough

United States District Court, E.D. California
Aug 31, 2007
No. CIV S-05-0105 GEB DAD P (E.D. Cal. Aug. 31, 2007)

Opinion

No. CIV S-05-0105 GEB DAD P.

August 31, 2007


ORDER


This action is proceeding with petitioner's amended petition filed on July 9, 2007. On August 6, 2007, the court ordered respondent to file his response to the amended petition. On August 27, 2007, the court granted respondent's request for an extension of time. The response is now due on October 3, 2007. Before the court is respondent's request for a copy of the sealed reporter's transcript of petitioner's Marsden hearing. Respondent explains that in the first claim of his amended petition petitioner alleges that the trial court abused its discretion by "denial self-representation" and that petitioner discusses the Marsden hearing at some length in addressing the claim. (Req. for Sealed Doc. at 1.) Because petitioner has placed the Marsden hearing at issue in his habeas petition pending before this court, disclosure of that transcript to counsel for respondent is appropriate in order to provide them an adequate opportunity to respond to petitioner's claims.

Good cause appearing, IT IS HEREBY ORDERED that the Clerk of the Court is directed to provide respondent with a copy of the sealed reporter's transcript of the December 20, 2000 Marsden hearing; respondent shall safeguard his copy of the sealed transcript and avoid disclosure of specific information therein except to the extent necessary to respond to petitioner's claims.


Summaries of

Loveday v. Yarborough

United States District Court, E.D. California
Aug 31, 2007
No. CIV S-05-0105 GEB DAD P (E.D. Cal. Aug. 31, 2007)
Case details for

Loveday v. Yarborough

Case Details

Full title:PATRICK SHAUN LOVEDAY, Petitioner, v. M. YARBOROUGH, Warden, Respondent

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

Date published: Aug 31, 2007

Citations

No. CIV S-05-0105 GEB DAD P (E.D. Cal. Aug. 31, 2007)