Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Shannon Secrease v. James Walker

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


February 14, 2011

SHANNON SECREASE, PETITIONER,
v.
JAMES WALKER, RESPONDENT.

The opinion of the court was delivered by: Timothy J Bommerunited States Magistrate Judge

ORDER

Petitioner Shannon Secrease is a state prisoner proceeding through counsel with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

On January 25, 2011, Respondent was ordered to provide transcripts of the May 28, 1998, Marsden hearing, and the June 18, 1998, appearance on the motion for a new trial. These transcripts were requested to address Petitioner's eleven ineffective assistance of counsel claims, out of a total of twenty-four claims.

On February 8, 2011, Respondent filed a response, stating Respondent "[wa]s not now, and ha[d] never been, in possession of these transcripts." Resp't's Resp., Feb. 8, 2011, ECF No. 1. Respondent stated that Petitioner's counsel should have a copy of transcript for the May 28, 1998, Marsden hearing. Id. Respondent also noted that the June 18, 1998, appearance on the motion for a new trial "w[as] reported but not transcribed." Id. Respondent reported that "[t]he supervisor of court reporters for the superior court has stated that court reporter's notes are routinely destroyed after 10 years." Id. at 2. Respondent concluded he "[wa]s unable to comply with the Court's order at this time." Id.

On February 10, 2011, Respondent filed an updated response, stating he was able to locate a court reporter who transcribed the May 28, 1998, Marsden hearing. Resp't's Updated Resp., Feb. 10, 2011, ECF No. 53. Respondent stated he would be able to provide a copy of the transcript for the May 28, 1998, Marsden hearing. Respondent's effort to obtain transcripts is acknowledged.

Based upon Respondent's representations, Petitioner may be able to provide a copy of the transcript for the June 18, 1998, appearance on the motion for the new trial.

IT IS HEREBY ORDERED that:

1. Petitioner shall file a copy of the transcript for the June 18, 1998, appearance on the motion for a new trial, or provide an affidavit showing why Petitioner cannot produce the transcript; and

2. Petitioner shall file the above documents within fourteen days of the date of this order.

20110214

© 1992-2011 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.