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