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Deandre Cerrone v. Mike Mcdonald

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


September 14, 2012

DEANDRE CERRONE SCOTT, PETITIONER,
v.
MIKE MCDONALD, RESPONDENT.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Petitioner, a state prisoner proceeding pro se, has filed an application pursuant to 28 U.S.C. § 2254. Petitioner has filed a motion for leave to file an amended petition, in a matter that had previously been deemed submitted.*fn1 In opposition, respondent contends, inter alia, that petitioner's proposed additional claims are unexhausted. See Opposition. Although petitioner has attached a copy of a December 21, 2011, post-card denial by the state Supreme Court to his proposed amended petition, he has not provided a copy of the habeas petition he put before the state Supreme Court with respect to the proposed new claims. As a threshold matter before the undersigned will consider the pending motion, the court will require petitioner, within 28 days, to provide a copy of that state Supreme Court habeas petition in order to be able to determine whether or not petitioner's proposed additional claims have, in fact, been exhausted.

Accordingly, IT IS ORDERED that petitioner, within 28 days, submit a copy of the state court habeas petition he presented to the California Supreme Court through which he maintains all of the claims within his proposed amended petition have been exhausted. DATED: September 13, 2012

GGH:009 scot2492.osc


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