Viveros v. Martel

Filing 23

ORDER signed by Magistrate Judge Charlene H. Sorrentino on 9/12/2011 ORDERING that Resp re-lodge Document 10, the order by the California Supreme Court denying Ptnr's 11/18/2008 petition for review. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ISMAEL VIVEROS, JR.,

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Petitioner,

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No. CIV S-09-CV-3107 MCE CHS

vs.
MICHAEL MARTEL,
Respondent.

ORDER
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Petitioner, Ismael Viveros, Jr., is a state prisoner proceeding pro se with a petition

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for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges the constitutionality

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of his 2007 jury convictions for first degree murder with a robbery special circumstance, robbery,

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illegal possession of a firearm, with penalty enhancements for use of a firearm and prior convictions.

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The record in this case appears to be incomplete. Lodged Document 10, which

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should consist of an order by the California Supreme Court denying Petitioner’s November 18,

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2008 petition for review, is actually a copy of Lodged Document 8, the October 24, 2008

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unpublished opinion of the California Court of Appeal, Third Appellate District. Therefore, IT IS

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ORDERED that Respondent re-lodge Document 10, the order by the California Supreme Court

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denying Petitioner’s November 18, 2008 petition for review.

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DATED: September 12, 2011

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CHARLENE H. SORRENTINO
UNITED STATES MAGISTRATE JUDGE
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