(HC) Thompson v. Pfeiffer

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA TRAVIS RAY THOMPSON, No. 2:19-cv-2175 WBS KJN P 12 Petitioner, 13 v. ORDER CHRISTIAN PFEIFFER, 15 Respondent.

17 Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. One of petitioner’s habeas claims concerns the state court’s denial of his motion to substitute counsel, commonly referred to as a “Marsden1 motion” in California state courts. The state court held a Marsden hearing in September 20162 and sealed the transcript.

21 (ECF No. 15-4 at 23.) Respondent’s lodged documents do not include the sealed Marsden hearing transcript, which is relevant to this court’s review of petitioner’s claim.

23 //// //// //// People v. Marsden, 2 Cal. 3d 118 (1970).

2 The reporter’s transcript indicates that the date of hearing was either Wednesday, September 21, 2016, or Thursday, September 29, 2016. (ECF No. 15-4 at 5, 12.) ] Accordingly, IT IS HEREBY ORDERED that respondent lodge the sealed September || 2016 Marsden hearing transcript within 14 days of this order.

3 | Dated: March 21, 2022 ' Foci) Aharon 5 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 1]