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Dennis James Gaede v. Robyn Schmalenberger

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA SOUTHWESTERN DIVISION


April 1, 2013

DENNIS JAMES GAEDE, PETITIONER,
v.
ROBYN SCHMALENBERGER, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Charles S. Miller, Jr., Magistrate Judge United States District Court

ORDER TO SUPPLEMENT RECORD

In reviewing petitioner Gaede's amended petition for § 2254 relief, the court notes that he references an additional petition for state post-conviction relief that was filed in Case No. 2012-cv-00345 in Cass County District Court, East Central Judicial District, and that this petition was later denied. Because the subject of that petition and the reasons its denial may impact on how this court treats one or more claims in this case (such as whether they have been exhausted and/or procedurally defaulted, for example) the court ORDERS respondent to file copies of the petition from that proceeding along with any briefs, the state court's order dismissing the petition, and any documents that indicate the status of the case in terms of any state appeal.

If respondent prefers, these records may be filed here electronically.

Charles S. Miller, Jr.

20130401

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