IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 6, 2011
JIMMY LEE BOZEMAN, II, PETITIONER,
RICHARD B. IVES, WARDEN, FCI - HERLONG RESPONDENT.
The opinion of the court was delivered by: Timothy J Bommer United States Magistrate Judge
Petitioner, Jimmy Lee Bozeman, II, a federal prisoner, is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Respondent filed an answer to the petition on September 9, 2010. Respondent cited to several attachments in his answer. Attached to Respondent's answer was a certificate of service which declared that Respondent's answer, including exhibits, had been served on Petitioner by mail. However, Attachment 6 -Administrative Remedy Record and Attachment 7- Administrative Remedy Generalized Retrieval were not included as exhibits to Respondent's answer that was filed in this Court. Therefore, on May 16, 2011, Respondent was ordered to file Attachments 6 and 7 as referenced and cited to in his answer. Respondent complied with the May 16, 2011 order by filing Attachments 6 and 7 on May 23, 2011, however no corresponding certificate of service was attached.
On a document filed on May 31, 2011 but dated May 25, 2011, Petitioner requested copies of Attachments 6 and 7 stating that he had yet to receive a copy of these documents. It light of Respondent's failure to include Attachments 6 and 7 in his copy of his answer filed in court, as well as Respondent's failure to include a certificate of service with respect to the filing of Attachments 6 and 7 on May 23, 2011, it is unclear whether Petitioner has in fact ever been served with Attachments 6 and 7.
Accordingly, IT IS HEREBY ORDERED that:
1. Respondent respond to Petitioner's request within seven (7) days of the date of this order by either: (1) showing cause that the service of Attachments 6 and 7 to Petitioner has in fact been made; or (2) serve Attachments 6 and 7 on Petitioner so as to be in compliance with Local Rule 135(b) and file a certificate of service.
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