Secrease v. Walker

Filing 61

ORDER to SHOW CAUSE signed by Magistrate Judge Timothy J. Bommer on 6/14/2011 ORDERING that Ptnr comply with the 4/26/2011 production order or show cause that the documents requested are unavailable by 6/20/2011. (Zignago, K.)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHANNON SECREASE, 11 Petitioner, 12 13 14 15 16 2: 09 - cv - 299 JAM TJB vs. JAMES WALKER, Respondent. ORDER TO SHOW CAUSE / Petitioner Shannon Secrease is a state prisoner proceeding through counsel with a petition 17 for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 26, 2011 Petitioner was 18 ordered to file documents that he specifically refers to and cites to in his amended federal habeas 19 petition. Petitioner refers to the December 6, 2007 state habeas petition filed in the California 20 Supreme Court as well as specifically cites to portions of the voir dire transcript that were not 21 attached as exhibits by either party. On May 25, 2011, Petitioner requested an additional 22 fourteen days to comply with the April 26, 2011 Order. The request explained that Petitioner had 23 a copy of the December 6, 2007 state habeas petition and that he would file it shortly. 24 Petitioner’s counsel also stated that he had ordered the docket from a state case that may contain 25 the voir dire transcript. Petitioner stated that the docket from that case would be available on 26 May 31, 2011. Petitioner’s request for an extension of time to comply with the April 26, 2011 1 1 order was granted and Petitioner was given until June 8, 2011. To date, Petitioner has not filed 2 the documents requested in the April 26, 2011 production order nor has he shown cause that the 3 documents are unavailable. 4 Accordingly, IT IS HEREBY ORDERED that Petitioner comply with the April 26, 2011 5 production order or show cause that the documents requested are unavailable by June 20, 2011. 6 DATED: June 14, 2011 7 8 9 TIMOTHY J BOMMER UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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