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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1 2 3 4 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 5 6 7 RICHARD ANTHONY PETERSON, Petitioner, 8 9 10 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. 11 (Docs. 32) 12 13 14 15 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. 16 On January 26, 2018, the Court granted Respondent a 30 day extension of time to file his 17 18 responsive brief and to lodge the state court records in this case. Respondent has until February 28, 19 2018, to file a response and lodge the state court records and Respondent will serve the lodged 20 documents on Petitioner when Respondent files them with the Court. 21 Accordingly, the Court will DENY Petitioner’s motion as premature. 22 23 IT IS SO ORDERED. 24 Dated: 25 February 12, 2018 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 26 27 28 1 .

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