Torres v. Peery

Filing 26

ORDER signed by Magistrate Judge Deborah Barnes on 03/05/18 ORDERING within 10 days of the date of this order, respondent shall file a notice of lodging and lodge a copy of petitioner's petition for review of the California Supreme Court in case no. S231285. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAIME TORRES, 12 Petitioner, 13 14 No. 2:16-cv-0385 MCE DB P v. ORDER SUZANNE M. PEERY, 15 Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for a 17 18 writ of habeas corpus under 28 U.S.C. § 2254. On September 27, 2016, respondent lodged 19 relevant portions of the state court record in this case. (See ECF No. 22.) It has come to the 20 court’s attention that the document lodged as “Lodged Document 34” and described in 21 respondent’s Notice of Lodging Documents in Paper Format as the Petition for Review in 22 California Supreme Court case no. S231285 is, in fact, a second copy of petitioner’s Petition for 23 Review in case no. S217351. 24 //// 25 //// 26 //// 27 //// 28 //// 1 1 Within ten days of the date of this order, respondent shall file a notice of lodging and 2 lodge a copy of petitioner’s Petition for Review to the California Supreme Court in case no. 3 S231285. 4 5 IT IS SO ORDERED. Dated: March 5, 2018 6 7 8 9 10 11 12 13 DLB:9 DLB1/prisoner-habeas/torr0385.record 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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