Opinion
Case No.: 5:05cv208/RS/EMT.
March 14, 2007
ORDER
Now pending is Respondent's answer and motion to dismiss (Doc. 19) the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1).
Respondent seeks dismissal of the petition on the basis that it was untimely filed pursuant to 28 U.S.C. § 2244(d). In its answer, Respondent references part of the state court record as Exhibits A-P; however, only Exhibits A-K and the first 25 pages of Exhibit L were actually filed. This court finds that review of all of the exhibits is necessary for resolution of the timeliness issue. Therefore, Respondent shall be required to file a complete copy of Exhibits L, M, N, O, and P.
Accordingly, it is ORDERED:
Within TEN (10) DAYS from the date of docketing of this order, Respondent shall file a complete copy of Exhibits L, M, N, O, and P, as referenced in its answer and motion to dismiss (Doc. 19).
DONE AND ORDERED.