(HC) Thompson v. Pfeiffer

Opinion

TRAVIS RAY THOMPSON, No. 2:19-cv-2175 WBS KJN P Petitioner, v. ORDER Respondent. 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. (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. //// //// //// 1 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. Dated: March 21, 2022 ' Foci) Aharon UNITED STATES MAGISTRATE JUDGE 1]