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Valdez v. Gipson

United States District Court, Ninth Circuit, California, E.D. California
Jan 21, 2015
1:12-cv-01784 AWI MJS (HC) (E.D. Cal. Jan. 21, 2015)

Opinion


RUBEN VALDEZ, Petitioner, v. CONNIE GIPSON, Warden, Respondent. No. 1:12-cv-01784 AWI MJS (HC) United States District Court, Eastern District of California January 21, 2015

          ORDER REQUIRING RESPONDENT TO PROVIDE COPIES OF STATE COURT RECORDS

          MICHAEL J. SENG UNITED STATES MAGISTRATE JUDGE

         Petitioner is a state prisoner proceeding pro se in a habeas corpus action under 28 U.S.C. § 2254. On March 5, 2013, Respondent filed an answer to the petition, and lodged state court records referenced in the answer with the Court. (ECF Nos. 24-25.) In her answer, Respondent also refers to documents previously provided in support of a motion to dismiss from a prior habeas petition Petitioner filed with this Court. (See Valdez v. Virga, E.D. Cal. Case No. 1:11-cv-01603-LJO-GSA, ECF No. 25.) The documents provided in the prior case are only partial copies of the relevant state court records.

For example, Respondent provided the first and last page of several of Petitioner's state habeas petitions. Without the copies of the remaining pages of the petitions, the Court is unable to determine what claims were presented in the petitions.

         The Court ORDERS Respondent to provide the Court complete copies of the state court records previously provided in Petitioner's prior federal habeas proceeding within fourteen (14) days of the date of issuance of this order. See Rule 7, Rules Governing Section 2254 Cases (Court may direct the parties to expand the record).

         IT IS SO ORDERED.


Summaries of

Valdez v. Gipson

United States District Court, Ninth Circuit, California, E.D. California
Jan 21, 2015
1:12-cv-01784 AWI MJS (HC) (E.D. Cal. Jan. 21, 2015)
Case details for

Valdez v. Gipson

Case Details

Full title:RUBEN VALDEZ, Petitioner, v. CONNIE GIPSON, Warden, Respondent.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Jan 21, 2015

Citations

1:12-cv-01784 AWI MJS (HC) (E.D. Cal. Jan. 21, 2015)