Conner v. Lewis

Filing 24

ORDER DIRECTING RESPONDENT TO FILE SUPPLEMENTAL EXHIBIT. Signed by Judge Lucy H. Koh on 1/22/13. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 1/23/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SCOTT CONNER,
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Petitioner,
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v.
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WARDEN GREG LEWIS,
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Respondent.
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No. C 11-4464 LHK (PR)
ORDER DIRECTING
RESPONDENT TO FILE
SUPPLEMENTAL EXHIBIT

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

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corpus, pursuant to 28 U.S.C. § 2254. On January 4, 2012, the Court issued an order to

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Respondent to show cause why the petition should not be granted. Respondent has filed a

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motion to dismiss, alleging that (1) Petitioner has failed to exhaust his claim, and (2) the claim is

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procedurally defaulted. Petitioner has filed an opposition and motion to hold the proceedings in

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abeyance. Respondent has filed a reply. Although Petitioner was not granted leave to do so, he

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has filed a response to Respondent’s reply. Petitioner has also filed a motion to file an amended

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petition, to which Respondent has filed an opposition.

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Upon review of these pleadings, the Court has determined that a complete copy of

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Petitioner’s state habeas petition to the California Supreme Court, No. S191063, would assist in

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the Court’s consideration of the pending motions. Thus, Respondent is directed to file such copy

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with the Court no later than January 25, 2013, and serve Petitioner with the same.

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IT IS SO ORDERED.
DATED:

1/22/13

LUCY H. KOH
United States District Judge
Order Directing Respondent to File Supplemental Exhibit
G:\PRO-SE\SJ.LHK\HC.11\Conner464suppexh.wpd