Demartha v. People of the State of Calfornia

Filing 21

ORDER signed by Magistrate Judge Allison Claire on 08/18/17 ordering respondent should submit within fourteen days a copy of the California Supreme CourtsFebruary 11, 2015 order denying the petition for review. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD W. DEMARTHRA, Jr.,

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Petitioner,

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No. 2:16-cv-00790 TLN AC P

v.

ORDER

PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.

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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. On July 28, 2017, respondent submitted an answer to the petition. ECF No.

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19. On August 14, 2017, respondent filed a notice of filing document(s) in paper. ECF No. 20.

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The court has reviewed the lodged documents and determined they are deficient in one respect.
Rather than submitting a copy of the California Supreme Court’s order, respondent filed a

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copy of that court’s docket sheet which indicates that petitioner’s petition for review was denied

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on February 11, 2015. Lodged Doc. 9. A docket sheet may be competent evidence of the date

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that an order was filed, but it does not conclusively establish the contents of the order it

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references and is not a permissible substitute. The undersigned does not consider a docket sheet

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to be an appropriate basis for review of a state court adjudication under § 2254. Accordingly,

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respondent should submit within fourteen days a copy of the California Supreme Court’s

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February 11, 2015 order denying the petition for review.

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SO ORDERED.
DATED: August 18, 2017

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