(HC) Tafoya v. Holbrook ( 2022 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FIDEL TAFOYA, Case No. 1:22-cv-932-AWI-BAK 12 Petitioner, ORDER 13 v. 14 15 DAVID HOLBROOK, Warden, 16 Respondent. 17 18 The Court having received the unopposed motion of Respondent to unseal pages 31-35 of 19 Volume 1A of the Reporter’s Transcript containing a portion of the transcript from an ex parte 20 hearing conducted on September 12, 2019, in accordance with People v. Marsden, 2 Cal.3d 118 21 (1970), and the Court finding that it is appropriate to unseal this portion of the record, the Court 22 hereby ORDERS: 23 1. Respondent’s Motion to Unseal Portion of State Court Marsden Transcript be 24 GRANTED and the pages of the record set forth in the motion be unsealed. 25 /// 26 /// 27 28 1 2. Respondent SHALL FILE a RESPONSE to the petition within THIRTY (30) DAYS 2 of the date of service of this order. 3 IT IS SO ORDERED. 4 5 Dated: September 26, 2022 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28