Avalos v. Curry
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
No. C 08-0949 WHA (PR)
JOSE MIGUEL AVALOS,
For the Northern District of California
United States District Court
ORDER TO FILE OR LODGE
BEN CURRY, Warden,
This is a habeas case filed by a California prisoner proceeding pro se. On March 12,
2008, respondent was ordered to file and serve upon petitioner both an answer and any portions
of the state trial record relevant to the claims in the petition. On January 15, 2009, respondent
filed and served an answer, but simply “lodged” the trial record as exhibits. Because the
exhibits were lodged instead of filed, they were not kept by the clerk’s office with the case file
when this case was dismissed in on January 22, 2010. As the case has now been reopened,
respondent shall, within 15 days of the date this order is filed, either lodge the exhibits again or
file and serve them upon petitioner.
IT IS SO ORDERED.
UNITED STATES DISTRICT JUDGE
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