Kessler v. Hornbeak

Filing 39

ORDER GRANTING 36 Petitioner's Motion to Correct Exhibits signed by Magistrate Judge Sandra M. Snyder on 7/26/2011. (Jessen, A)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KELLY ALICE KESSLER,

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Petitioner,
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v.
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TINA HORNBEAK, Warden, et al.,)
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Respondents.
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1:10-cv—0322-OWW-SMS-HC
ORDER GRANTING PETITIONER’S
MOTION TO CORRECT EXHIBITS
(DOC. 36)
DIRECTIONS TO THE CLERK OF THE
COURT

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Petitioner is a state prisoner proceeding with the

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assistance of counsel with a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254.

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the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local

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Rules 302 and 303.

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motion to correct exhibits, which was filed and served on

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Respondent on April 6, 2011.

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The matter has been referred to

Pending before the Court is Petitioner’s

In the motion, counsel for Petitioner stated in a

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declaration under penalty of perjury that counsel for Respondent

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had informed him that there was no opposition to the request to

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correct exhibits.

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Good cause appearing, Petitioner's motion to correct an

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omission from the record of a partial copy of Item 3, Exhibit F

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inadvertently filed in Doc. 7-2, at pages 10-18 is granted.
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The Clerk is directed to lodge nunc pro tunc a complete copy

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of Exhibit F as contained in Volume 29 of exhibits submitted

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concurrently with the motion, which shall replace Doc. 7-2, at

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10-18.

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IT IS SO ORDERED.

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Dated:
icido3

July 26, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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