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Hernandez v. Sisto

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 17, 2008

ENRIQUE RODRIGUEZ HERNANDEZ, PETITIONER,
v.
D.K. SISTO, RESPONDENT.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER DIRECTING RESPONDENT TO SUBMIT STATE COURT RECORDS

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

On May 5, 2008, Petitioner filed a petition for writ of habeas corpus. On May 14, 2008, the Court ordered Respondent to respond to the petition for writ of habeas corpus. In addition, Respondent was ordered by this Court to provide any and all transcripts or other documents necessary to render a decision in this matter in accordance with Rule 5 of the Rules Governing Section 2254 cases. See Order, pg. 2.

On August 12, 2008, Respondent filed an answer to the petition for writ of habeas corpus. However, Respondent did not lodge the state court records as referenced in its answer. The state court recordss are necessary to render a decision in this matter and thus the Respondent is required to provide those transcripts.

Accordingly, Respondent is DIRECTED to submit a copy of the trial transcripts in this matter within fifteen (15) days of the date of service of this order.

IT IS SO ORDERED.

20081217

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