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Perez v. Sisto

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 6, 2009

MAURO V. PEREZ, PETITIONER,
v.
D. K. SISTO, RESPONDENT.

The opinion of the court was delivered by: John L. Weinberg United States Magistrate Judge

ORDER DIRECTING RESPONDENT TO SUPPLEMENT THE RECORD

This is a federal habeas action brought pursuant to 28 U.S.C. § 2254. Petitioner's federal habeas petition is ripe for consideration. It is evident from an initial review of the record, however, that additional briefing is required in order for this Court to properly adjudicate this case. Specifically, this Court needs to obtain petitioner's 1998, 2001 and 2004 parole consideration hearing transcripts to determine whether there is "some evidence" to support the Board of Parole Hearings of the State of California's finding that petitioner's version of the facts surrounding his criminal offense has varied over the years.*fn1 (See Dkt. 15, Exh. C at 67.) Although it is not entirely clear at this juncture whether the information requested below will affect the Court's ultimate disposition of the petition, it is prudent for this Court to review all the evidence upon which the Board expressly relied. Accordingly, the Court hereby ORDERS as follows:

(1) Within fourteen (14) days of the date of this Order, respondent shall furnish the Court with a copy of the 1998, 2001, and 2004 parole consideration hearing transcripts;

(2) If any of the above-mentioned transcripts are unavailable, respondent should, within fourteen (14) days of the date of this Order, inform this Court with specificity as to their unavailability;

(3) No additional briefing is required or requested; and

(4) The Clerk is directed to send copies of this Order to petitioner, to counsel for respondent, and to the Honorable Robert S. Lasnik.


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