Chitwood v. Gipson et al

Filing 20

ORDER REQUIRING RESPONDENT to Provide Copies of State Court Records Within Thirty (30) Days signed by Magistrate Judge Michael J. Seng on 11/20/2013. (Jessen, A)

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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. 1:13-cv-00502 AWI MJS (HC)
JEFFREY PAUL CHITWOOD,

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

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v.

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GIPSON, Warden,
Respondent.

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

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pursuant to 28 U.S.C. § 2254. On September 18, 2013, Petitioner filed a motion to stay

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the habeas corpus proceeding pending state exhaustion, and he filed a first amended

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petition for writ of habeas corpus. (ECF Nos. 16-17.) Respondent filed an opposition to

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the motion to stay on October 8, 2013, and Petitioner filed a reply on October 21, 2013.

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(ECF No. 18-19.)

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During the pendency of this federal petition, and prior to filing the motion to stay,

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Petitioner filed a habeas corpus petition with the California Supreme Court. In re

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Chitwood, Cal. Sup. Ct. Case No. S212988. The petition was denied on November 13,

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2013. Without copies of all of Petitioner's state filings, this Court cannot determine which

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claims of the petition have been exhausted. Accordingly, the Court hereby ORDERS
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Respondent to provide the Court, within thirty (30) days of the date of issuance of this

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order, a copy of the record of Case No. S212988, and any other state pleadings not

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previously provided to this Court. See Rule 7, Rules Governing Section 2254 Cases

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(Court may direct the parties to expand the record).

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IT IS SO ORDERED.

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Dated:

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November 20, 2013

/s/

UNITED STATES MAGISTRATE JUDGE
DEAC _Signature- END:

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Michael J. Seng

ci4d6

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