Opinion
No. CIV S-05-2456 GEB EFB P.
August 30, 2006
ORDER
Petitioner is a prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. He has filed requests for copies of the documents respondent lodged on May 10, 2006, and filed on May 17, 2006. Petitioner asserts that he requires the lodged "briefs" so he can respond and that a copy of the transcript filed May 17, 2006, is not in the record on appeal.
The relevant part of the rule governing answer and reply in section 2254 proceedings provides:
The answer must also indicate what transcripts (of pretrial, trial, sentencing, or post-conviction proceedings) are available, when they can be furnished, and what proceedings have been recorded but not transcribed. The respondent must attach to the answer parts of the transcript that the respondent considers relevant.
Rule 5(c), Rules Governing Section 2254 Cases.
Respondent did not serve the lodged documents on petitioner and therefore failed to comply with the requirement of Rule 5(c) that he do so. However, the lodged documents are transcripts and other documents related to the state court's proceedings, not "briefs," the characterization used in petitioner's motion. Nowhere does petitioner assert that he lacks the documents lodged on May 10, 2006.
Petitioner does not have a transcript of the hearing held pursuant to People v. Marsden, 84 Cal.Rptr. 156 (Cal. 1970) since is was sealed in the state court. By separate order, the court directs respondent to serve petitioner with a copy of this transcript.
Therefore, docket number 32, petitioner's June 22, 2006, request for documents is denied.
So ordered.