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Alexander v. Hedgpeth

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 8, 2010

DANTE JAMAHL ALEXANDER, PETITIONER,
v.
A. HEDGPETH, WARDEN, RESPONDENT.

The opinion of the court was delivered by: John L. Weinberg United States Magistrate Judge

ORDER DIRECTING RESPONDENT TO SUPPLEMENT THE RECORD

This is a federal habeas action brought pursuant to 28 U.S.C. § 2254. Petitioner's federal habeas petition is ripe for consideration. The record provided by the parties, however, is insufficient to allow this Court to proceed to disposition of the petition. Although the parties both reference the Clerk's Transcript and Reporter's Transcript in the briefing, Respondent has not furnished the Court with these transcripts, as required by Rule 5(c) of the Rules Governing Section 2254 Cases in the United States District Courts. In addition, Respondent has not furnished the Court with a copy of all relevant state court records. In order to properly address petitioner's claims, this Court must obtain all relevant transcripts and records of petitioner's state court proceedings.

Accordingly, the Court hereby ORDERS as follows:

(1) Within fourteen (14) days of the date of this Order, respondent shall comply with Rule 5(c) of the Rules Governing Section 2254 Cases in the United States District Courts by furnishing the Court with a copy of the transcripts of all state court proceedings relevant to the instant petition, as well as a complete record of petitioner's proceedings in the state courts relevant to the instant petition;

(2) If any of the above-mentioned materials are unavailable, respondent should, within fourteen (14) days of the date of this Order, inform this Court with specificity as to their unavailability;

(3) No additional briefing is required or requested; and

(4) The Clerk is directed to send copies of this Order to petitioner, to counsel for respondent, and to the Honorable Richard A. Jones.

20100108

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