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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 08-0949 WHA (PR)

JOSE MIGUEL AVALOS,
Petitioner,

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For the Northern District of California

United States District Court

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ORDER TO FILE OR LODGE
EXHIBITS

v.
BEN CURRY, Warden,
Defendant.
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This is a habeas case filed by a California prisoner proceeding pro se. On March 12,

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2008, respondent was ordered to file and serve upon petitioner both an answer and any portions

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of the state trial record relevant to the claims in the petition. On January 15, 2009, respondent

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filed and served an answer, but simply “lodged” the trial record as exhibits. Because the

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exhibits were lodged instead of filed, they were not kept by the clerk’s office with the case file

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when this case was dismissed in on January 22, 2010. As the case has now been reopened,

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respondent shall, within 15 days of the date this order is filed, either lodge the exhibits again or

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file and serve them upon petitioner.

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IT IS SO ORDERED.

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Dated: October

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, 2011.

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G:\PRO-SE\WHA\HC.08\AVALOS0949.EXH.wpd

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE