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Michael R. Delarm v. M.D. Mcdonald

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


October 7, 2011

MICHAEL R. DELARM, PETITIONER,
v.
M.D. MCDONALD, RESPONDENT.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Petitioner is a California prisoner proceeding without counsel with a petition for writ of habeas corpus under 28 U.S.C. § 2254. Respondent's motion to dismiss this action as time-barred is pending. In light of petitioner's argument that the court should excuse his filing late under the "actual innocence" exception, see Lee v. Lampert, No. 09-35276, 2011 WL 3275947, at *6 (9th Cir. Aug. 2, 2011), the court must review the record of petitioner's trial.

Accordingly, IT IS HEREBY ORDERED that respondent lodge the record of petitioner's trial in San Joaquin County Court Case No. SFO97878B within twenty-one days. See Rule 5, Fed. R. Governing § 2254 Cases.

20111007

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