Fergason v. Johnson ( 2024 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 BRYAN MICHAEL FERGASON, Case No. 2:19-cv-00946-GMN-BNW 6 Petitioner, v. ORDER 7 CALVIN JOHNSON, et al., 8 Respondents. 9 10 This habeas matter is poised for merits review. The respondents, however, appear to have 11 omitted from their filing of the state court record (1) the transcript of proceedings for the state 12 district court’s postconviction review hearing held on March 29, 2016; (2) the transcript of Brent 13 Engle’s testimony, which was read to the jury but not transcribed into the trial transcript; and (3) 14 the presentence investigative report. See ECF Nos. 43-1 at 88; 44-24 at 89-90; see also Rules 15 Governing Section 2254 Cases, Rule 7; McDaniels v. Kirkland, 813 F.3d 770, 773 (9th Cir. 2015) 16 (en banc) (holding federal habeas courts “may consider the entire state-court record, including 17 evidence that was presented only to the trial court.”); Nasby v. McDaniel, 853 F.3d 1049, 1052– 18 54 (9th Cir. 2017) (remanding to the district court with instructions to consider the entire state 19 court record). 20 IT IS THEREFORE ORDERED: 21 1. Respondents have until February 20, 2024, to file, as supplemental exhibits, (1) the 22 transcript of proceedings for the state district court’s postconviction review hearing 23 held on March 29, 2016; (2) the transcript of Brent Engle’s testimony, which was read 24 to the jury but not transcribed into the trial transcript; and (3) the presentence 25 investigative report. 26 /// 27 /// 28 /// 1 2. The petitioner will have 15 days after the respondents file the supplemental exhibits to 2 admit or deny the correctness of the supplemental exhibits. 3 DATED: January 22, 2024 4 ________________________________ 5 GLORIA M. NAVARRO UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28