(HC) Chatman v. Hill ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY A. CHATMAN, No. 2:10-cv-00264 KJM CKD P 12 Petitioner, 13 v. ORDER 14 RICK HILL, 15 Respondent. 16 17 Petitioner, a California state inmate proceeding through appointed counsel, filed an 18 application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 15, 2019, the 19 petition was granted with respect to petitioner’s claim of ineffective assistance of counsel and 20 denied as to petitioner’s remaining claims. ECF No. 114. Judgment was entered on the same 21 day. ECF No. 115. 22 On February 11, 2020, the court received a request from petitioner in propria 23 persona, in which petitioner explains he has attempted to procure a copy of the transcript of 24 petitioner’s August 29, 2019 sentencing hearing before the Solano County Superior Court. 25 Petitioner asks the court to order the sentencing judge and petitioner’s previous attorney, Denis 26 Honeychurch, to provide petitioner with a copy of said transcript. 27 This request is improperly filed before the federal court, which generally may not 28 order a state court to provide transcripts to a defendant. See Demos v. United States Dist. Court 1 for the E. Dist. of Wash., 925 F.2d 1160, 1161 (9th Cir.1991) (a federal court lacks jurisdiction to 2 issue a write of mandamus to a state court) (citation omitted). Rather, petitioner’s request should 3 be filed with the state court that sentenced petitioner, Solano County Superior Court. 4 Accordingly, the request is DENIED. 5 IT IS SO ORDERED. 6 DATE: February 24, 2020. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28