Opinion
CASE NO. C02-2077L
March 3, 2003
ORDER DIRECTING SUPPLEMENTATION OF THE RECORD
The court, having considered respondent's Answer, petitioner's response to the Answer, and the balance of the file, does now find and ORDER:
(1) In arguing that petitioner has failed to exhaust any of his claims in the state courts, respondent has addressed only petitioner's direct appeal; nowhere did respondent address petitioner's Personal Restraint Petition, and no copy of those state court proceedings was included in the record. Yet it appears that petitioner did in fact file a Personal Restraint Petition, which was ultimately dismissed. Mandate issued on November 15, 2002, the same day that petitioner filed his amended habeas petition in this court. Dkt. #6; Dkt. #18, Exhibit B. The court cannot determine whether petitioner's claims are either unexhausted or procedurally barred without reviewing the Personal Restraint Petition.
(2) Accordingly, respondent is hereby ordered to supplement the record, within thirty days of the date of this Order, with copies of petitioner's Personal Restraint Petition and all resulting state court proceedings. The petition for habeas corpus shall be re-noted on the Court's calendar as ready for consideration on March 28, 2003. if, upon review of the entire record, the court finds petitioner's claims to he procedurally barred, he shall be given an opportunity to demonstrate cause and prejudice at that time.
(3) The Clerk shall direct copies of this Order to petitioner and to counsel for respondent, and shall re-note this habeas petition on the court's calendar as ready for consideration on March 28, 2003.