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Salvatore Carmelo Maggio v. Kathleen Dickinson

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 24, 2011

SALVATORE CARMELO MAGGIO, PETITIONER,
v.
KATHLEEN DICKINSON, RESPONDENT.

The opinion of the court was delivered by: Timothy J Bommer United States Magistrate Judge

ORDER

Petitioner is a state prisoner proceeding through counsel with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In one of his claims Petitioner argues that he was unable to testify on his own behalf at trial due to his metal condition, thereby violating his Constitutional rights. Respondent answered the petition on January 21, 2010 and lodged several documents including the Clerk's Transcript. The California Court of Appeal's decision and the petition both cite to the reports of Dr. Warburton and Dr. Hoffman regarding Petitioner's competency to stand trial. However, these two reports were omitted from Respondent's lodged documents. (See Clerk's Tr. at p. 57-74.)

Accordingly, IT IS HEREBY ORDERED that Respondent shall file the reports of Dr. Warburton and Dr. Hoffman as indicated in the Clerk's Transcript on p. 57-74 within seven (7) days of this Order.

20110524

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