Meyers v. Hedgpeth
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).
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
LEON L. MEYERS,
No. C 11-5327 TEH (PR)
ORDER GRANTING PETITIONER’S
RENEWED MOTION FOR COPIES AND
CORRECTING DOCKET ENTRY
ANTHONY HEDGPETH, Warden,
Docket No. 50
United States District Court
For the Northern District of California
Petitioner Leon Meyers filed this pro se Petition for Writ
of Habeas Corpus under 28 U.S.C. § 2254 challenging a judgment of
conviction from Alameda County Superior Court.
28, 2013, Petitioner filed a motion for copies of the last ten
pages, or pages forty-eight through fifty-eight, of his First
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
Court, and requests the Court to examine the docket to see if there
was a docketing mistake.
A review of the Court’s docket reveals that docket number
26, dated July 27, 2012, contains the document entitled, “First
Amended Petition/Additional Claims,” but is mis-labeled as, “Notice
to the Court.”
Petition/Additional Claims to the Court, he included a cover sheet
which was titled, “Notice to the Court,” and this is the name of the
document that the Clerk entered on the docket.
When Petitioner submitted his First Amended
In light of the foregoing, the Court orders as follows:
1. The Clerk of the Court shall re-label docket number 26
as “First Amended Petition/Additional Claims,” filed on July 27,
2012 by Petitioner.
2. Petitioner’s motion for copies is GRANTED.
of the Court shall send to Petitioner a copy of the last ten pages
of the First Amended Petition/Additional Claims.
3. The Court shall issue an Amended Order to Show Cause,
with an amended briefing schedule, to ensure that Respondent
responds to the correct petition.
IT IS SO ORDERED.
THELTON E. HENDERSON
United States District Judge
G:\PRO-SE\TEH\HC.11\Meyers-11-5327 Grant Copies-Correct Dkt Entry.wpd
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