Figueroa v. Virga

Filing 11

ORDER RE RECORD. Signed by Judge Hamilton on 6/25/12. (pjhlc3, COURT STAFF) (Filed on 6/25/2012)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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AQUIOR ALFONSO FIGUEROA, JR.,

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Petitioner,

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No. C 11-1072 PJH

v.
ORDER RE RECORD
TOM VIRGA, Acting Warden,

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For the Northern District of California

United States District Court

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Respondent.
_______________________________/
Petitioner Aquior Alfonso Figueroa, Jr. (“Figueroa”) a state prisoner, has filed a

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petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter is now fully

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briefed. It has come to the court’s attention that in the record it filed May 31, 2011,

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respondent included only its opposition brief on direct appeal before the California Court of

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Appeal. Respondent appears to have inadvertently failed to include copies of petitioner’s

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briefs on direct appeal before the California Court of Appeal and the California Supreme

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Court. The record in federal habeas cases typically includes, at a minimum, a full set of the

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parties’ briefs on direct appeal before the California Court of Appeal and the petition for

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review before the California Supreme Court.

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Because the court finds that petitioner’s briefs filed with the California appellate

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courts are helpful and important to its resolution of the case, respondent is ordered to

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supplement the record with those briefs no later than Friday, July 6, 2012.

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IT IS SO ORDERED.

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Dated: June 25, 2012

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______________________________
PHYLLIS J. HAMILTON
United States District Judge