Roderick Gene Reed v. Matevousian

Filing 17

ORDER Directing Respondent to Supplement the Record, signed by Magistrate Judge Sheila K. Oberto on 1/21/16. Thirty-Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RODERICK GENE REED,

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Case No. 1:15-cv-01019-SKO HC

Petitioner,
ORDER DIRECTING RESPONDENT TO
SUPPLEMENT THE RECORD

v.
ANDRE MATEVOUSIAN, Warden at USP
Atwater,
Respondent.

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Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ

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of habeas corpus pursuant to 28 U.S.C. § 2241. The Court referred the matter to the Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 304.

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Respondent has moved to dismiss the petition, contending the Petitioner may not pursue his

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sentencing claims pursuant to § 2241. Respondent’s brief refers to three prior petitions under 28

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U.S.C. § 2255, a prior petition under § 2241, and a petition to modify Petitioner’s sentence under 18

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U.S.C. § 3582(c)(2), but provides no documentation of the petitions or decisions in the cases to

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which he refers. Respondent also asserts that certain affidavits and other evidence that Petitioner

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claims as newly discovered have previously been considered in one or more earlier of Petitioner’s

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earlier collateral actions but provides no documentation to support these statements other than

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citations to the dockets of the other district courts that adjudicated Petitioner’s earlier actions.

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Pursuant to the Rule 5(d) of the Rules Governing Section 2254 Cases in the United States

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District Courts, “[t]he respondent must also file with the answer a copy of: (1) any brief that the
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petitioner submitted in an appellate court contesting the conviction or sentence, or contesting an

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adverse judgment or order in a post-conviction proceeding; (2) any brief that the prosecution

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submitted in an appellate court relating to the conviction or sentence; and (3) the opinions and

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dispositive orders of the appellate court relating to the conviction or sentence.” In addition,

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Respondent must also provide copies of filed affidavits and other documentary evidence that

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Petitioner contends are newly discovered but that Respondent contends have already been addressed

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in earlier actions. See Rule 7 of the Rules Governing Section 2254 Cases in the United States

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District Courts.
Accordingly, the Court hereby DIRECTS the Respondent to supplement the state record with

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all relevant materials as set forth above. Respondent shall file the requested supplemental material

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no later than thirty (30) days from the date of this order. This order requires no action by Petitioner.

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IT IS SO ORDERED.
Dated:

January 21, 2016

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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