Gilbert #593775 v. Preslesnik

Filing 31

ORDER setting miscellaneous deadline; requiring respondent to file additional records: pro se misc deadline set for 1/26/2015; signed by Magistrate Judge Phillip J. Green (Magistrate Judge Phillip J. Green, jkw)

UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ELBERT GILBERT,
Petitioner,

Case No. 1:08-cv-743

v.

Honorable Robert Holmes Bell

JOHN PRELESNIK,
Respondent.
____________________________________/
ORDER TO FILE ADDITIONAL RECORDS
This is a habeas corpus action filed by a state prisoner pursuant to 28 U.S.C. § 2254.
Respondent has filed an answer to the petition together with records of the state court proceedings
in accordance with Rule 5 of the Rules Governing Section 2254 Proceedings; however, the records
are incomplete. The answer of Respondent is based, in part, on the contents of Petitioner’s motion
for relief from judgment that was filed in Emmet County Circuit Court on December 23, 2008, but
Respondent failed to file a copy of that motion. Accordingly, pursuant to Rule 5 of the Rules
Governing Section 2254 Cases, the Court orders Respondent to furnish a copy of that motion to
Court within 14 days.
IT IS SO ORDERED.

Dated: January 12, 2015

/s/ Phillip J. Green
Phillip J. Green
United States Magistrate Judge