Medlyn v. Barnes

Filing 23

ORDER signed by Magistrate Judge Dale A. Drozd on 2/29/2012 ORDERING the clerk to return to sender the letter received on 2/7/2012. (Yin, 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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STEVEN MICHAEL MEDLYN,
Petitioner,

ORDER

vs.

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No. CIV S-11-0898 DAD P

Respondent.

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R. BARNES,

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/

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

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corpus pursuant to 28 U.S.C. § 2254. On February 7, 2012, the court received a letter from a

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woman stating that she is the mother-in-law of petitioner. The letter purports to provide an alibi

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for petitioner at the time of the murder for which he was convicted and which conviction he is

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challenging in these proceedings. The letter was not served on any party and it is not within the

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scope of the pleadings allowed by the Rules Governing Section 2254 Cases in the United States

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District Courts or the Rules of Civil Procedure. The letter also appears to be irrelevant to the

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claims raised in the petition for writ of habeas corpus pending before this court. Accordingly, the

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court will order that the Clerk of the Court return the letter to the sender.
IT IS SO ORDERED

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DATED: February 29, 2012.

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DAD:8
medlyn898.ltr

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