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Cottrell v. Woodford

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 23, 2010

DALE LLOYD COTTRELL, PETITIONER,
v.
JEANNE S. WOODFORD, ET AL., RESPONDENTS.

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

SECOND ORDER TO RESPONDENT DIRECTING RESPONDENT TO FILE WITHIN TEN DAYS DOCUMENTS TO PERFECT THE RECORD

Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pursuant to the parties' consent and the subsequent order of the Court filed on February 25, 2005, the matter has been referred to the Magistrate Judge for all proceedings, including the entry of final judgment, pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73(b), and Local Rule 301. Pending before the Court is the first amended petition (FAP) for writ of habeas corpus, filed on September 26, 2007 (doc. 58).

The Court has reviewed the petition and accompanying exhibits and record.

With respect to Petitioner's first habeas corpus proceeding in the Court of Appeal, Fifth Appellate District (DCA), Respondent purported to file the petition, filed in the DCA on February 21, 2001, as lodged document 4, and Respondent's answer to the petition, filed in the DCA on May 10, 2001, as lodged document 5.

However, review of those documents reveals that Respondent filed only the cover sheet of the petition as lodged document 4; the actual petition is filed as lodged document 5, although it bears a cover sheet and title page for the answer.

The net result is that the Court lacks the answer to the first state habeas petition, which appears to contain numerous exhibits, as Respondent states in footnote 23 on page 40 of the answer (doc. 75) filed in this Court by Respondent on June 5, 2008.

Respondent is DIRECTED to file in this Court no later than ten days after the date of service of this order the entire answer filed by Respondent in the DCA on May 10, 2001, including the answer and all exhibits thereto.

IT IS SO ORDERED.

20100923

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