Dumlao v. Hedgpeth

Filing 31

ORDER DIRECTING RESPONDENT TO SUBMIT EXHIBITS ATTACHED TO STATE COURT FILINGS, IF ANY, signed by Magistrate Judge Sandra M. Snyder on 1/8/2009. (Exhibits due by 1/28/2009) (Figueroa, O)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 HEDGPETH, Warden, 13 Respondent. 14 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. 17 Now pending before the Court is Respondent's motion to dismiss the instant petition as 18 unexhausted filed November 26, 2008. (Court Doc. 25.) On December 30, 2008, Respondent 19 submitted a second copy of the motion to dismiss with exhibits attached. (Court Doc. 30.) After 20 a review of the exhibits, the Court cannot determine whether the copy of the petition filed in the 21 California Supreme Court is a verbatim copy of such filing, including any exhibits and 22 documents that may have been filed. Respondent is directed, if not already done so, to submit a 23 complete copy of the state habeas petition filed in the California Supreme Court. 24 Accordingly, it is HEREBY ORDERED that: 25 1. 26 submit a complete copy of the state court petition filed in the California Supreme 27 Court; and, 28 1 Within ten (10) days from the date of service of this order, Respondent shall / v. JOHN KEVIN DUMLAO, Petitioner, 1:08-cv-01142-LJO-SMS (HC) ORDER DIRECTING RESPONDENT TO SUBMIT EXHIBITS ATTACHED TO STATE COURT FILINGS, IF ANY

UNITED STATES DISTRICT COURT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

2.

If the copy of the petition submitted by Respondent on December 30, 2008 is complete, Respondent shall file a response so indicating.

IT IS SO ORDERED. Dated: icido3 January 8, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

2