Perez v. Allison

Filing 40

ORDER ADDRESSING PENDING MOTIONS. Accordingly, Petitioner's motion for trial transcripts, (Docket No. 19), is DENIED as moot, as Petitioner should have received relevant copies of the state trial record from Respondent with his answer. Petition er's motion for evidentiary hearing, (Docket No. 31), is DENIED without prejudice pending consideration of the merits of Petitioner' claims. Motions terminated: 19 MOTION request court to obtain all trial transcripts from respondent filed by Mario Rene Perez, 31 MOTION for Hearing filed by Mario Rene Perez. Signed by Judge Edward J. Davila on 7/10/2012. (ecg, COURT STAFF) (Filed on 7/13/2012)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE NORTHERN DISTRICT OF CALIFORNIA

8

MARIO RENE PEREZ,

10

Petitioner,

11
For the Northern District of California

United States District Court

9

vs.

12

K. ALLISON, Warden,
13

Respondent.
14

)
)
)
)
)
)
)
)
)
)
)
)

No. C 10-05947 EJD (PR)
ORDER ADDRESSING PENDING
MOTIONS

(Docket Nos. 19 & 31)

15
16

Petitioner, a California state prisoner, filed a pro se petition for a writ of

17

habeas corpus under 28 U.S.C. § 2254, challenging his state conviction. The matter

18

became submitted on March 12, 2012, upon the filing of Petitioner’s traverse to

19

Respondent’s answer. (See Docket No. 32.)

20

Accordingly, Petitioner’s motion for trial transcripts, (Docket No. 19), is

21

DENIED as moot, as Petitioner should have received relevant copies of the state

22

trial record from Respondent with his answer. Petitioner’s motion for evidentiary

23

hearing, (Docket No. 31), is DENIED without prejudice pending consideration of

24

the merits of Petitioner’ claims.

25

This order terminates Docket Nos. 19 and 31.

26
27
28

DATED:

7/10/2012
EDWARD J. DAVILA
United States District Judge

Order Addressing Pending Motions
N:\Pro - Se & Death Penalty Orders\July 2012\Perez05947_motions.wpd

1
UNITED STATES DISTRICT COURT
2
FOR THE
3
NORTHERN DISTRICT OF CALIFORNIA
4
5

MARIO RENE PEREZ,

6

Plaintiff,

Case Number: CV10-05947 EJD
CERTIFICATE OF SERVICE
7
8
9

v.
K ALLISON et al,
Defendant.

/

11
For the Northern District of California

United States District Court

10

12
13
14

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on July 13, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

15
16

18

Mario Rene Perez G-37655
California Substance Treatment Facility and State Prison
P. O. Box 5246
Corcoran, CA 93212

19

Dated: July 13, 2012

17

20

Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk

21
22
23
24
25
26
27
28
Order Addressing Pending Motions
N:\Pro - Se & Death Penalty Orders\July 2012\Perez05947_motions.wpd
2