Holmes v. Miller

Filing 100

ORDER signed by Magistrate Judge Kendall J. Newman on 10/26/2016 ORDERING, within 5 days, respondent shall re-lodge petitioner's California Superior Court habeas petition (Resp't's Lod. Doc. 7) and the Superior Courts decision thereon (Resp't's Lod. Doc. 8). (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESSICA HOLMES,

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Petitioner,

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No. 2:11-cv-2710 JKS KJN P

ORDER

v.
DEBORAH K. JOHNSON,

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Respondent.

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Petitioner is proceeding through counsel with a petition for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. Petitioner claims, among other things, that her trial counsel

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rendered ineffective assistance during the plea negotiation process. This court held an evidentiary

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hearing on that claim on August 22-23, 2016.
Petitioner raised his claim of ineffective assistance of counsel in a petition for writ of

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habeas corpus filed in the California Superior Court. That petition was denied. While the court

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has a photocopy of both the Superior Court habeas petition and the denial of that petition, they are

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not currently a part of the official court record.

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Accordingly, IT IS ORDERED that within five days from the date of this order

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respondent shall re-lodge petitioner’s California Superior Court habeas petition (Resp’t’s Lod.

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Doc. 7) and the Superior Court’s decision thereon (Resp’t’s Lod. Doc. 8).

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Dated: October 26, 2016

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holmes2710.docs
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