Rotondo v. Schriro et al

Filing 18

ORDER granting Request for Status Reports 15 and 16 . The Clerk of Court shall mail copies of Docs. 12 , 13 , and 14 to Petitioner at his current address. (See document for full details). Signed by Senior Judge Stephen M McNamee on 10/18/13. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Samuel Rudolph Rotondo,
Petitioner,

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vs.

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Charles Ryan, et al.,

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Respondents.

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No. CV-06-1179-PHX-SMM

ORDER

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Pending are two requests by Petitioner Samuel Rotondo for the Court to provide him

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with a status report regarding the disposition of his petition for habeas corpus. (Docs. 15,

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16.) Petitioner states that he has been waiting seven years but has not heard from this Court.

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On April 27, 2006, Petitioner pro se initiated a petition for writ of habeas corpus in

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this Court. (Doc. 1.) Petitioner provided the Court with his proper mailing address. (Doc.

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1.) On March 27, 2007, Magistrate Judge Jennifer Guerin submitted a detailed report

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reviewing Petitioner’s habeas petition and recommending that it be denied. (Doc. 12.) The

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Clerk of Court mailed a copy of this report to Petitioner. (Doc. 12 at 6.) Subsequently, this

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Court adopted the report and recommendation of Judge Guerin and dismissed with prejudice

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Petitioner’s habeas petition. (Doc. 13.) Thereafter, Judgment was entered terminating this

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case. The Court’s docket reveals that the Clerk of Court mailed copies of this Court’s

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decision and the Judgment to Petitioner and the mail was not returned as undeliverable.

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(Docs 12, 13.) According to Federal Rule of Civil Procedure 5(b)(2) and 77(d), service of

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court documents is complete upon mailing. Therefore, there is a rebuttable presumption that

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Petitioner received these mailings. See Schikore v. BankAmerica Supplemental Ret. Plan,

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269 F.3d 956, 961 (9th Cir.2001).

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In Petitioner’s requests for a status update, he provided the Court with his new

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address. Although, Petitioner was informed to notify the Court immediately upon any

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change of address and warned that a failure to do so could result in a dismissal of his

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petitioner pursuant to Federal Rule of Civil Procedure 41(b), Petitioner just recently notified

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the Court of his address change (See Doc. 3.)

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As a matter of courtesy, the Court will send copies of the Report and

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Recommendation, this Court’s Order and the Judgment to Petitioner that had previously been

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sent to Petitioner at his previous official address.

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Accordingly,

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IT IS HEREBY ORDERED GRANTING Petitioner’s request for status reports.

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(Docs 15, 16.) The Clerk of Court shall mail copies of Docs. 12, 13, and 14 to Petitioner at

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his current address.

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DATED this 18th day of October, 2013.

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