Meyers v. Hedgpeth

Filing 52

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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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 6 LEON L. MEYERS, No. C 11-5327 TEH (PR) 7 Petitioner, 8 v. ORDER GRANTING PETITIONER’S RENEWED MOTION FOR COPIES AND CORRECTING DOCKET ENTRY 9 ANTHONY HEDGPETH, Warden, 10 Respondent. Docket No. 50 11 United States District Court For the Northern District of California / 12 13 Petitioner Leon Meyers filed this pro se Petition for Writ 14 of Habeas Corpus under 28 U.S.C. § 2254 challenging a judgment of 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 Court, and requests the Court to examine the docket to see if there 2 was a docketing mistake. 3 A review of the Court’s docket reveals that docket number 4 26, dated July 27, 2012, contains the document entitled, “First 5 Amended Petition/Additional Claims,” but is mis-labeled as, “Notice 6 to the Court.” 7 Petition/Additional Claims to the Court, he included a cover sheet 8 which was titled, “Notice to the Court,” and this is the name of the 9 document that the Clerk entered on the docket. When Petitioner submitted his First Amended 10 In light of the foregoing, the Court orders as follows: 11 1. The Clerk of the Court shall re-label docket number 26 12 as “First Amended Petition/Additional Claims,” filed on July 27, 13 2012 by Petitioner. 14 2. Petitioner’s motion for copies is GRANTED. 15 of the Court shall send to Petitioner a copy of the last ten pages 16 of the First Amended Petition/Additional Claims. 17 The Clerk 3. The Court shall issue an Amended Order to Show Cause, 18 with an amended briefing schedule, to ensure that Respondent 19 responds to the correct petition. 20 IT IS SO ORDERED. 21 22 23 DATED 03/18/2013 THELTON E. HENDERSON United States District Judge 24 25 26 27 28 G:\PRO-SE\TEH\HC.11\Meyers-11-5327 Grant Copies-Correct Dkt Entry.wpd 2

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