Condon v. People Of California

Filing 49

ORDER Directing Respondent to Lodge the Tuolumne County Superior Court Order on Petitioner's Petition for Writ of Habeas Corpus signed by Magistrate Judge Gary S. Austin on 2/12/2015. 10-day deadline. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JULIE CONDON,
Petitioner,

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1:13-cv-00792-GSA-HC
ORDER DIRECTING RESPONDENT TO
LODGE THE TUOLUMNE COUNTY
SUPERIOR COURT ORDER ON
PETITIONER’S PETITION FOR WRIT OF
HABEAS CORPUS

v.
KIMBERLY HUGHES,
Respondent.

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Petitioner is a state prisoner proceeding pro se in a habeas corpus action pursuant to 28

18 U.S.C. § 2254.
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On April 23, 2014, Petitioner filed her second amended petition for writ of habeas corpus

20 in this Court. On May 29, 2014, the Court ordered Respondent to file a response to the second
21 amended petition within sixty (60) days of the date of service of the order. On August 15, 2014,
22 Respondent filed her answer to the Petition. On September 24, 2014, Respondent lodged
23 documents pertaining to Petitioner’s state case, appeal, and post-conviction proceedings. Upon a
24 review of the lodged documents, the Court notes that it does not have a copy of the Tuolumne
25 County Superior Court’s denial of Petitioner’s petition for writ of habeas corpus. As lodged
26 document number six (6), Respondent submitted the Riverside County Superior Court’s order
27 transferring Petitioner’s petition for writ of habeas corpus to Tuolumne County. However,
28 Respondent did not lodge the Tuolumne County Superior Court’s order denying the petition for

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1 writ of habeas corpus. Respondent does reference the Tuolumne County Superior Court’s order
2 in the answer. Petitioner also has not provided a copy of the Tuolumne County Superior Court’s
3 order with any of her filings.
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Accordingly, it is HEREBY ORDERED that Respondent is DIRECTED to lodge with

5 this Court within TEN (10) days of the date of service of this Order the Tuolumne County
6 Superior Court order on Petitioner’s petition for writ of habeas corpus.
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IT IS SO ORDERED.
Dated:

February 12, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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