Meyers v. Hedgpeth
Filing
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AMENDED ORDER TO SHOW CAUSE Regarding Amended Petition; Amended Briefing Schedule. Habeas Answer due by 5/20/2013. Signed by Judge Thelton E. Henderson on 03/18/2013. (Attachments: # 1 Incorrect document attached see #2)(tmi, COURT STAFF) (Filed on 3/19/2013) (Additional attachment(s) added on 3/19/2013: # 2 Certificate/Proof of Service) (tmi, COURT STAFF).
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LEON L. MEYERS,
No. C 11-5327 TEH (PR)
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Petitioner,
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v.
ORDER GRANTING PETITIONER’S
RENEWED MOTION FOR COPIES AND
CORRECTING DOCKET ENTRY
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ANTHONY HEDGPETH, Warden,
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Respondent.
Docket No. 50
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United States District Court
For the Northern District of California
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Petitioner Leon Meyers filed this pro se Petition for Writ
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of Habeas Corpus under 28 U.S.C. § 2254 challenging a judgment of
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conviction from Alameda County Superior Court.
Doc. #1.
On January
28, 2013, Petitioner filed a motion for copies of the last ten
pages, or pages forty-eight through fifty-eight, of his First
Amended Petition.
On February 28, 2013, the Court issued an Order
stating that it could not find on the docket a “First Amended
Petition” that was fifty-eight pages in length and sent Petitioner a
copy of the docket for his review.
The Court denied Petitioner’s
request for copies without prejudice, granting him leave to re-file
it when he could indicate the docket number of the document he
wished to be copied.
Petitioner has re-filed his request for the last ten pages
of his First Amended Petition stating that, although this document
is not listed on the Court’s docket, he knows he sent it to the
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Court, and requests the Court to examine the docket to see if there
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was a docketing mistake.
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A review of the Court’s docket reveals that docket number
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26, dated July 27, 2012, contains the document entitled, “First
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Amended Petition/Additional Claims,” but is mis-labeled as, “Notice
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to the Court.”
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Petition/Additional Claims to the Court, he included a cover sheet
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which was titled, “Notice to the Court,” and this is the name of the
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document that the Clerk entered on the docket.
When Petitioner submitted his First Amended
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In light of the foregoing, the Court orders as follows:
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1. The Clerk of the Court shall re-label docket number 26
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as “First Amended Petition/Additional Claims,” filed on July 27,
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2012 by Petitioner.
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2. Petitioner’s motion for copies is GRANTED.
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of the Court shall send to Petitioner a copy of the last ten pages
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of the First Amended Petition/Additional Claims.
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The Clerk
3. The Court shall issue an Amended Order to Show Cause,
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with an amended briefing schedule, to ensure that Respondent
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responds to the correct petition.
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IT IS SO ORDERED.
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DATED
03/18/2013
THELTON E. HENDERSON
United States District Judge
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G:\PRO-SE\TEH\HC.11\Meyers-11-5327 Grant Copies-Correct Dkt Entry.wpd
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