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Fierro v. Hartly

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 9, 2009

GILBERT FIERRO, PETITIONER,
v.
JAMES D. HARTLY, RESPONDENT.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DIRECTING RESPONDENT TO SUBMIT COPIES OF ALL STATE COURT FILINGS REFERENCED IN MOTION TO DISMISS [Doc. 10]

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

On October 2, 2009, Respondent filed a motion to dismiss the instant petition as untimely under 28 U.S.C. § 2244(d)(1). In support of his motion, Respondent submitted copies of the state court denials; however, he did not submit a copy of the state court petitions. The Court can not properly resolve Respondent's motion without a copy of all the state court filings and accompanying proof of service. Accordingly, it is HEREBY ORDERED that within twenty (20) days from the date of service of this order, Respondent submit a copy of all the state court filings.

IT IS SO ORDERED.

20091109

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