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Brewer v. Runnels

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 27, 2009

RICHARD ANTHONY BREWER, PETITIONER,
v.
D. L. RUNNELS, WARDEN, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Respondent has sought reconsideration/clarification of the court's Order, filed on April 2, 2009 (docket # 66). To clarify that order, it was not the court's intent to prohibit respondent from reviewing the Karol Martin Repkow 2001 investigative records to which petitioner's counsel's is therein granted access; nor is respondent thereby foreclosed from reviewing petitioner's traverse. Respondent may have access to and review the same records; however, access to/review of the records at issue is intended to be restricted to counsel for petitioner and for respondent and the strictures set forth therein, i.e., with regard to ancillary personnel, etc., apply equally to counsel for both parties. Should respondent make reference to any of the investigative records in response to any filing under seal by petitioner, filings by respondent containing such references must also be filed under seal. Both counsel for petitioner and for respondent, however, are to have access to any filing under seal by either party. The parties' unsealed public filings may not reference any portion of the Repkow 2001 investigative records.

Petitioner requests a further extension of time to file a traverse until July 1, 2009, which will be granted.

Accordingly, IT IS ORDERED that:

1. Respondent's motion for reconsideration/clarification, filed on April 17, 2009 (docket # 66) is granted to the extent clarified above;

2. Petitioner's motion for a further extension of time to file a traverse, filed on May 22, 2009 (docket # 67) is granted, and the traverse is to be filed by July 1, 2009.

20090527

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