HERRERA v. GIPSON, 12-cv-0508 KJM DAD P. (2015)
Court: District Court, E.D. California
Number: infdco20150331a42
Visitors: 10
Filed: Mar. 27, 2015
Latest Update: Mar. 27, 2015
Summary: ORDER DALE A. DROZD , Magistrate Judge . Petitioner's Motion for Leave to Compel Discovery came on regularly for hearing on March 27, 2015, at 10:00 a.m. in the courtroom of the undersigned. Attorney Michael Bigelow appeared for petitioner. Deputy Attorney General Kay Lauterbach appeared for respondent. After hearing the arguments of counsel, and good cause appearing therefore, THE COURT HEREBY ORDERS AS FOLLOWS: 1. Within fourteen days 1 from the date of this order, respondent shall subm
Summary: ORDER DALE A. DROZD , Magistrate Judge . Petitioner's Motion for Leave to Compel Discovery came on regularly for hearing on March 27, 2015, at 10:00 a.m. in the courtroom of the undersigned. Attorney Michael Bigelow appeared for petitioner. Deputy Attorney General Kay Lauterbach appeared for respondent. After hearing the arguments of counsel, and good cause appearing therefore, THE COURT HEREBY ORDERS AS FOLLOWS: 1. Within fourteen days 1 from the date of this order, respondent shall submi..
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ORDER
DALE A. DROZD, Magistrate Judge.
Petitioner's Motion for Leave to Compel Discovery came on regularly for hearing on March 27, 2015, at 10:00 a.m. in the courtroom of the undersigned. Attorney Michael Bigelow appeared for petitioner. Deputy Attorney General Kay Lauterbach appeared for respondent. After hearing the arguments of counsel, and good cause appearing therefore, THE COURT HEREBY ORDERS AS FOLLOWS:
1. Within fourteen days1 from the date of this order, respondent shall submit to the undersigned for in camera review the personnel file of Correctional Officer Bret Fleming, No. 56279, as it may relate to these habeas proceedings as well as any internal affairs report regarding the events that are described in petitioner's habeas petition in which he claims that his guilty plea was coerced.
2. Respondent shall attach a cover letter to the materials submitted for the court's in camera review explaining respondent's position with respect to any information that respondent believes should not be turned over in discovery.
3. Any material ordered to be provided to petitioner's counsel following the court's in camera review shall be produced subject to a stipulated protective order.
FootNotes
1. If additional time to submit the documents in question for in camera review is required, counsel for respondent may so advise the court and additional time will be granted for that purpose.
Source: Leagle
