Shepherd v. Spearman

Filing 23

ORDER signed by Magistrate Judge Allison Claire on 2/21/2017 ORDERING, within 10 days, respondent shall lodge copies of the documents described in the Notice of Lodging 15 . (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHAWN CHRISTOPHER SHEPHERD,

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Petitioner,

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No. 2:15-cv-1618 TLN AC P

v.

ORDER

M.E. SPEARMAN,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. Respondent has filed a motion to dismiss (ECF No. 14) that

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is currently pending before the court.
On July 1, 2016, respondent filed notice that he lodged documents with the Clerk of the

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Court pursuant to Rule 5 of the Rules Governing Section 2254 Cases. ECF No. 15. However, the

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court has no record that the documents described in the notice were actually received. The court

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cannot proceed with respondent’s motion to dismiss until the documents described in the notice

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(ECF No. 15) are properly submitted to the court.

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Accordingly, IT IS HEREBY ORDERED that within ten days of the filing of this order,

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respondent shall lodge copies of the documents described in the Notice of Lodging (ECF No. 15).

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DATED: February 21, 2017

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