Baltazar v. Brazelton

Filing 40

ORDER Permitting Petitioner to Supplement Record with Documentation of Filing, signed by Magistrate Judge Barbara A. McAuliffe on 10/21/15. Supplemental Record Due Within Thirty Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SURGIO VALENCIA BALTAZAR,

Case No. 1:13-cv-01538-BAM HC

Petitioner,

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ORDER PERMITTING PETITIONER TO
SUPPLEMENT RECORD WITH
DOCUMENTATION OF FILING

v.

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SCOTT FRAUENHEIM, Warden,
Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254.1 On April 14, 2015, Respondent moved to dismiss claims two

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through six of the first amended petition as untimely. On April 27, 2015, Petitioner opposed the

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motion, contending that since the statute of limitations was tolled by Petitioner's October 28,

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2013, filing of a state habeas corpus petition in Merced County Superior Court, claims two

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through six, as set forth in the petition pending before this Court had been timely filed. On May

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21, 2015, Respondent filed the letter of Linda Romero Soles, Court Executive Officer for the
Criminal Division of the Merced County Superior Court, stating that the Court had no record of

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Petitioner's filing a state petition for habeas corpus on or about October 28, 2013. Petitioner did
not respond.

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Pursuant to 28 U.S.C. § 636(c)(1), both parties consented, in writing, to the jurisdiction of a United States
Magistrate Judge to conduct all further proceedings in this case, including the entry of final judgment.

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To ensure the accuracy and completeness of the record, the Court hereby GRANTS
Petitioner 30 days from the date of this order to supplement the record with any additional
documentary evidence concerning his submission of claims two through six in a California state

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petition for writ of habeas corpus. The Court will then take the motion under submission and
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issue its order in due course.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 21, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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