Peterson v. Lizarraga

Filing 33

ORDER Denying Petitioner's 32 Motion for State Court Records as Premature signed by Magistrate Judge Sheila K. Oberto on 02/12/2018. (Flores, E)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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RICHARD ANTHONY PETERSON,
Petitioner,

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v.

Case No. 1:17-CV-01537-LJO-SKO HC
ORDER DENYING PETITIONER’S MOTION
FOR STATE COURT RECORDS AS
PREMATURE

JOE LIZARRAGA, Warden of MCSP,
Respondent.

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(Docs. 32)

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Petitioner, Richard Anthony Peterson, is a state prisoner proceeding pro se and in forma
pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On February 7,
2018, Petitioner filed a motion to order Respondent to provide him with state court records.

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On January 26, 2018, the Court granted Respondent a 30 day extension of time to file his

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responsive brief and to lodge the state court records in this case. Respondent has until February 28,

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2018, to file a response and lodge the state court records and Respondent will serve the lodged

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documents on Petitioner when Respondent files them with the Court.

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Accordingly, the Court will DENY Petitioner’s motion as premature.

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IT IS SO ORDERED.

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Dated:

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February 12, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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