Valdez v. Virga

Filing 36

ORDER Requiring Respondent To Provide Copies Of State Court Records, signed by Magistrate Judge Michael J. Seng on 1/21/2015. (State Court Copies Deadline: 2/4/2015) (Fahrney, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:12-cv-01784 AWI MJS (HC)
RUBEN VALDEZ,

ORDER REQUIRING RESPONDENT TO
Petitioner, PROVIDE COPIES OF STATE COURT
RECORDS

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v.

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CONNIE GIPSON, Warden,
Respondent.

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Petitioner is a state prisoner proceeding pro se in a habeas corpus action under

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28 U.S.C. § 2254. On March 5, 2013, Respondent filed an answer to the petition, and

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lodged state court records referenced in the answer with the Court. (ECF Nos. 24-25.) In

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her answer, Respondent also refers to documents previously provided in support of a

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motion to dismiss from a prior habeas petition Petitioner filed with this Court. (See

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Valdez v. Virga, E.D. Cal. Case No. 1:11-cv-01603-LJO-GSA, ECF No. 25.) The

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documents provided in the prior case are only partial copies of the relevant state court

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records.1

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For example, Respondent provided the first and last page of several of Petitioner's state habeas
petitions. Without the copies of the remaining pages of the petitions, the Court is unable to determine what
claims were presented in the petitions.

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The Court ORDERS Respondent to provide the Court complete copies of the

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state court records previously provided in Petitioner's prior federal habeas proceeding

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within fourteen (14) days of the date of issuance of this order. See Rule 7, Rules

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Governing Section 2254 Cases (Court may direct the parties to expand the record).

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IT IS SO ORDERED.
Dated:

January 21, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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