Medeiros v. Rackley

Filing 30

ORDER Denying Petitioner's 24 Request for Respondent to Return Extra Copies and Original Documents and Sworn Affidavits Received from Petitioner, signed by Magistrate Judge Stanley A. Boone on 5/31/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GAYLE MARIE MEDEIROS,

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ORDER DENYING PETITIONER’S
REQUEST FOR RESPONDENT TO
RETURN EXTRA COPIES AND ORIGINAL
DOCUMENTS AND SWORN AFFIDAVITS
RECEIVED FROM PETITIONER

Petitioner,

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Case No. 1:16-cv-01644-SAB-HC

v.
RON RACKLEY,
Respondent.

(ECF No. 24)

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus

18 pursuant to 28 U.S.C. § 2254.
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On April 20, 2017, Petitioner filed the instant request for Respondent to return extra

20 copies and original documents and sworn affidavits received from Petitioner. (ECF No. 24).
21 Petitioner alleges that she inadvertently enclosed the originals and copies of sworn affidavits and
22 documents in an envelope addressed to Respondent. On May 8, 2017, counsel for Respondent
23 filed a declaration, indicating that Respondent never received any of the materials that Petitioner
24 asserts were sent, and thus, is unable to comply with Petitioner’s request to return the extra
25 copies and originals. (ECF No. 29). Petitioner has not filed a reply.
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It is unclear what, if any, relief Petitioner is requesting from the Court. In light of

27 counsel’s declaration, it appears that Respondent did not receive the materials at issue and thus,
28 is unable to comply with Petitioner’s request.

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Accordingly, to the extent that Petitioner is requesting Court action on this matter,

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2 Petitioner’s request is DENIED.
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IT IS SO ORDERED.

5 Dated:

May 31, 2017
UNITED STATES MAGISTRATE JUDGE

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