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Dumlao v. Hedgpeth

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 8, 2009

JOHN KEVIN DUMLAO, PETITIONER,
v.
HEDGPETH, WARDEN, RESPONDENT.

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

ORDER DIRECTING RESPONDENT TO SUBMIT EXHIBITS ATTACHED TO STATE COURT FILINGS, IF ANY

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

Now pending before the Court is Respondent's motion to dismiss the instant petition as unexhausted filed November 26, 2008. (Court Doc. 25.) On December 30, 2008, Respondent submitted a second copy of the motion to dismiss with exhibits attached. (Court Doc. 30.) After a review of the exhibits, the Court cannot determine whether the copy of the petition filed in the California Supreme Court is a verbatim copy of such filing, including any exhibits and documents that may have been filed. Respondent is directed, if not already done so, to submit a complete copy of the state habeas petition filed in the California Supreme Court.

Accordingly, it is HEREBY ORDERED that:

1. Within ten (10) days from the date of service of this order, Respondent shall submit a complete copy of the state court petition filed in the California Supreme Court; and,

2. If the copy of the petition submitted by Respondent on December 30, 2008 is complete, Respondent shall file a response so indicating.

IT IS SO ORDERED.

20090108

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