Jenkins, Jr. v. Hill

Filing 14

ORDER signed by Magistrate Judge Kendall J. Newman on 11/2/11 ORDERING that within 14 days from the date of this order, respondent shall file a copy of petitioners 2010 parole hearing transcript, including the decision rendered. Within 14 days from the date of this order, petitioner shall file a copy of the exhibits referenced in his opposition. (Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT LEE JENKINS, JR., 11 Petitioner, 12 13 No. 2:11-cv-2031 GEB KJN P vs. RICK HILL, Warden, 14 Respondent. 15 ORDER / 16 Petitioner is proceeding without counsel. On October 7, 2011, respondent filed a 17 motion to dismiss. In the motion to dismiss, respondent refers to petitioner’s 2010 parole 18 hearing; however, no transcript or decision from the 2010 parole hearing has been filed with the 19 court. 20 In his opposition to the motion to dismiss, petitioner refers to Exhibits C and D to 21 the petition. However, the petition filed in this action consists of eight pages: a six page 22 petition, a certificate of service, and a copy of the June 8, 2011 denial issued by the California 23 Supreme Court. It is unclear whether respondent’s copy of the petition contained Exhibits C and 24 D, or a copy of the 2010 parole hearing transcript and decision. 25 //// 26 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Within fourteen days from the date of this order, respondent shall file a copy of 3 petitioner’s 2010 parole hearing transcript, including the decision rendered. 4 2. Within fourteen days from the date of this order, petitioner shall file a copy of 5 the exhibits referenced in his opposition. 6 DATED: November 2, 2011 7 8 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 9 10 jenk2031.fb 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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