(HC) Jasper v. Bird ( 2022 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEE CHARLES JASPER, Case No. 2:22-cv-1226 KJM DB P 12 Petitioner, ORDER 13 v. 14 15 LANDON BIRD, Warden, 16 Respondent. 17 18 Petitioner raises issues regarding the state court denial of claims regarding trial counsel. A 19 record of the sealed March 27, 2018 hearing on that complaint (ECF No. 13-3, Reporter’s 20 Supplemental Transcript on Appeal at 9-23) is not before this Court. It appears possible that this 21 transcript may be relevant and helpful for the court to consider in reviewing the decision of the 22 state court 23 Accordingly, the court will request that respondent shall transmit complete copies to the 24 court. In doing so the court makes no finding as to whether it is appropriate for the court to 25 consider these transcripts. 28 U.S.C. § 2254(d)(2); See Cullen v. Pinholster, 563 U.S. 170 (2011). 26 //// 27 //// 28 //// 1 Good cause appearing, IT IS HEREBY ORDERED that: 2 1. Respondent’s request for order (ECF No. 14) is granted; 3 2. Respondent shall forthwith ask the California Court of Appeal to transmit a copy of the 4 transcript of that hearing to this Court, for filing under seal; 5 3. Following receipt of the transcripts, parties are permitted to file motions to have 6 transcripts unsealed or stipulate to their unsealing if they choose to do so; and 7 4. All pending deadlines are vacated pending the receipt of the sealed transcripts. The 8 court will reset the deadline following receipt of the requested transcripts. 9 Dated: October 3, 2022 10 11 12 13 14 15 16 17 18 19 20 21 DB:14 DB/DB Prisoner Inbox/Habeas/Routine/jasp1226.sealed_transcript 22 23 24 25 26 27 28