Gonzales v. Gittere

• Court: District Court, D. Nevada
• Decided: March 25, 2024
• Docket: 2:21-cv-02055
• Status: Unknown

Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 RAUL GONZALES, Case No. 2:21-cv-02055-GMN-DJA 6 Petitioner, Vv. Order Directing the Respondents to 7 Supplement the Record WILLIAM GITTERE, et al., 9 Respondents. 10 This habeas matter is poised for merits review. The respondents are directed to file as 11 || supplemental exhibits all documents filed in the relevant state justice court cases PC14F00757X 12 || and 14F00757X, including the “criminal complaint” and attachments, “arrest documents,” minute 13 || orders, and reporter’s transcripts of proceedings. (See ECF No. 34-2 at 36); see also Rules 14 |} Governing Section 2254 Cases, Rule 7; McDaniels v. Kirkland, 813 F.3d 770, 773 (9th Cir. 2015) 15 || (en banc) (holding federal habeas courts “may consider the entire state-court record, including 16 || evidence that was presented only to the trial court.”); Nasby v. McDaniel, 853 F.3d 1049, 1052- 17 || 54 (9th Cir. 2017) (remanding for consideration of the entire state-court record). 18 IT IS THEREFORE ORDERED: 19 1. Respondents have until April 15, 2024, to file, as supplemental exhibits, all documents 20 filed in state justice court cases PC14F00757X and 14F00757X, including the 21 “criminal complaint” and attachments, “arrest documents,” minute orders, and 22 reporter’s transcripts of proceedings. 23 2. The petitioner will have 10 days after the respondents file the supplemental exhibits to 24 admit or deny the correctness of the supplemental exhibits. 25 DATED: March 25, 2024 26 27 & M. NAVARRO 28 UN, STATES DISTRICT JUDGE