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PROTECTIVE ORDER Cox v. Warden 2:04-CV-0065-MCE-CKD

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

MICHAEL A. COX,

Petitioner,

v.

WARDEN, San Quentin State Prison

 

 Respondent.

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NO. 2:04-CV-0065-MCE-CKD

DEATH PENALTY CASE

PROTECTIVE ORDER REGARDING 

DISCOVERY PRIOR TO RULE 27 

DEPOSITIONS

Pursuant to this Court’s Order of September 22, 2015 (Doc. 169), and good cause 

appearing, see Bittaker v. Woodford, 331 F.3d 715, 717, n.1 (9th Cir. 2003)(en banc),

IT IS HEREBY ORDERED:

For purposes of the habeas corpus litigation in this matter, all discovery of trial attorney 

files granted to respondent shall be deemed confidential. In any event, and subject to the further 

limitations set forth herein, the documents and material in the trial counsel files (hereinafter, 

“documents”) may be used only by representatives from the Office of the California Attorney 

General and only for purposes of any proceedings incident to litigating the claims presented in 

the petition for writ of habeas corpus pending before this court.

Case 2:04-cv-00065-MCE-CKD Document 171 Filed 10/14/15 Page 1 of 2
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PROTECTIVE ORDER Cox v. Warden 2:04-CV-0065-MCE-CKD

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Until such time as this Court may order otherwise, the documents are to be used by 

respondent solely for preparation and conduct of depositions of witness for whom this court has 

previously granted petitioner leave to depose for purposes of preservation of evidence pursuant 

to Rule 27. The documents may not be used, cited, or relied upon by respondent in any habeas 

corpus or other related proceedings in the state courts, nor in any other proceedings in this court 

until such time as this court has ordered otherwise.

Disclosure of the contents of the documents and the documents themselves may not be 

made to any other persons or agencies, including any other law enforcement or prosecutorial 

personnel or agencies,without an order from this Court. This order extends to respondent and all 

persons acting on behalf of respondents in this proceeding, including but not limited to persons 

employed by the Office of the California Attorney General, persons working on this matter who 

are employed by California governmental divisions other than the Attorney General, persons 

retained by respondent for any investigative or consulting work on this matter, and any expert 

consultants or witnesses assisting respondent.

This order shall continue in effect after the conclusion of the habeas corpus proceedings 

and specifically shall apply in the event of a retrial of all or any portion of petitioner’s criminal 

case, except that either party maintains the right to request modification or vacation of this order 

upon entry of final judgment in this matter.

Dated: October 14, 2015

Cox protective or

_____________________________________

CAROLYN K. DELANEY

UNITED STATES MAGISTRATE JUDGE

Case 2:04-cv-00065-MCE-CKD Document 171 Filed 10/14/15 Page 2 of 2