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Robert Lee Jenkins, Jr v. Rick Hill

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


November 2, 2011

ROBERT LEE JENKINS, JR., PETITIONER,
v.
RICK HILL, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Petitioner is proceeding without counsel. On October 7, 2011, respondent filed a motion to dismiss. In the motion to dismiss, respondent refers to petitioner's 2010 parole hearing; however, no transcript or decision from the 2010 parole hearing has been filed with the court.

In his opposition to the motion to dismiss, petitioner refers to Exhibits C and D to the petition. However, the petition filed in this action consists of eight pages: a six page petition, a certificate of service, and a copy of the June 8, 2011 denial issued by the California Supreme Court. It is unclear whether respondent's copy of the petition contained Exhibits C and D, or a copy of the 2010 parole hearing transcript and decision.

Accordingly, IT IS HEREBY ORDERED that:

1. Within fourteen days from the date of this order, respondent shall file a copy of petitioner's 2010 parole hearing transcript, including the decision rendered.

2. Within fourteen days from the date of this order, petitioner shall file a copy of the exhibits referenced in his opposition.

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20111102

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