UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 8, 2009
JOHN KEVIN DUMLAO, PETITIONER,
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.
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