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Lucas v. Judge Advocate General

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


February 5, 2007

DAVID LUCAS, PETITIONER,
v.
JUDGE ADVOCATE GENERAL; NAVAL CRIMINAL INVESTIGATIVE SERVICES; AND DEPARTMENT OF THE NAVY, RESPONDENTS.

The opinion of the court was delivered by: Marilyn L. Huff, District Judge United States District Court

ORDER DENYING MOTION FOR MODIFICATION OF THE RECORD

On July 24, 2006, Petitioner David Lucas ("Petitioner") filed a pro se petition against Respondents Judge Advocate General, Naval Criminal Investigative Services, and the Department of the Navy, seeking the results of a DNA test allegedly performed by the Navy in 1989. (Doc. No. 1.) On August 29, 2006, Petitioner filed a motion indicating that the Court should construe his petition as a discovery request under Rule 27 of the Federal Rules of Civil Procedure, and not as a writ of habeas corpus. (Doc. No. 5.) On December 15, 2006, the Court denied Petitioner's petition as procedurally improper, and denied Petitioner's motion regarding how to construe his petition as moot. (Doc. No. 6.)

On February 2, 2007, Petitioner filed a motion requesting the Court modify the docket text regarding his previous motion on how the Court should construe his petition. (Doc. No. 10.) Also on February 2, 2007, Petitioner filed a notice of appeal. (Doc. No. 11.) The Court concludes that the docket accurately reflects Petitioner's motions. Accordingly, the Court DENIES Petitioner's motion to modify the docket.

IT IS SO ORDERED.

20070205

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