Dryden v. Dzurenda

• Court: District Court, D. Nevada
• Decided: February 17, 2022
• Docket: 2:17-cv-00704
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Bryan Dryden, Case No. 2:17-cv-00704-JAD-NIK 4 Petitioner v. 5 . “aye Order Directing Respondents to File Brian E. Williams, et a/., Missing Exhibit Pages Respondents 7 8 Petitioner Bryan Dryden brings this petition for federal habeas corpus relief under 28 U.S.C. § 2254 to challenge his state-court conviction for second-degree murder. This matter is 10}| poised for merits review, but pages are missing from the transcript of proceedings held in the state district court on February 7, 2011.! It also appears that the full transcript of those proceedings was presented to the Nevada Supreme Court in appellant’s appendix for his direct appeal. 14 Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts 15}}and Local Rule LSR 3-3(a) put the burden on the respondents to file the necessary exhibits. The 16]| Ninth Circuit has emphasized that district courts reviewing habeas matters must independently review the relevant state-court record materials.” For this court to do so in this action, it needs 18]| the missing pages of this exhibit. 19 So IT IS ORDERED that the respondents have until February 28, 2022, to file a 20|| corrected Exhibit 72 that includes the missing pages. 21 7 Ie U.S. District Judge)J crnifef A Dorsey 22 Dated: February 17, 2022 23}! Exhibit 72; ECF No. 24-33. ? See Nasby v. McDaniel, 853 F.3d 1049 (9th Cir. 2017).