Avalos v. Curry

Filing 27

ORDER TO FILE OR LODGE EXHIBITS. Signed by Judge William Alsup on 10/19/11. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 10/20/2011)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 12 13 14 No. C 08-0949 WHA (PR) JOSE MIGUEL AVALOS, Petitioner, 11 For the Northern District of California United States District Court 10 ORDER TO FILE OR LODGE EXHIBITS v. BEN CURRY, Warden, Defendant. / 15 16 This is a habeas case filed by a California prisoner proceeding pro se. On March 12, 17 2008, respondent was ordered to file and serve upon petitioner both an answer and any portions 18 of the state trial record relevant to the claims in the petition. On January 15, 2009, respondent 19 filed and served an answer, but simply “lodged” the trial record as exhibits. Because the 20 exhibits were lodged instead of filed, they were not kept by the clerk’s office with the case file 21 when this case was dismissed in on January 22, 2010. As the case has now been reopened, 22 respondent shall, within 15 days of the date this order is filed, either lodge the exhibits again or 23 file and serve them upon petitioner. 24 IT IS SO ORDERED. 25 Dated: October 19 , 2011. 26 27 28 G:\PRO-SE\WHA\HC.08\AVALOS0949.EXH.wpd WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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