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Jimmy Lee Bozeman, Ii v. Richard B. Ives

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


June 6, 2011

JIMMY LEE BOZEMAN, II, PETITIONER,
v.
RICHARD B. IVES, WARDEN, FCI - HERLONG RESPONDENT.

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

ORDER

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.

20110606

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