Cantu v. Apker

Filing 17

ORDER denying 16 Motion for Reconsideration. The Clerk shall send a copy of the Report and Recommendation to Petitioner at his current address. IT IS FURTHER ORDERED that Petitioner shall file any objections thereto no later than Friday, 10/10/08. FURTHER ORDERED VACATING the Court's Order 14 of 08/26/08. Signed by Judge Stephen M McNamee on 09/11/08.(DNH)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Jeffrey J. Cantú, Petitioner, vs. Craig Apker, Respondent.

) ) ) ) ) ) ) ) ) )

No. CV 08-0576-PHX-SMM (GEE) ORDER

Petitioner Jeffrey J. Cantú, who is confined in the Federal Correctional Institution in Phoenix, Arizona, filed a Petition for Writ of Habeas Corpus by a Person in Federal Custody (28 U.S.C. § 2241) and a Memorandum in support thereof. (Doc.# 1, 3.)1 The case was referred to Magistrate Judge Glenda E. Edmonds for further proceedings and a Report and Recommendation. (Doc.# 13.) Although the Report and Recommendation was filed, the docket reveals that Petitioner was not sent a copy, thereby denying him the right to file objections thereto. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall send a copy of the Report and Recommendation to Petitioner at his current address. IT IS FURTHER ORDERED that Petitioner shall file any objections thereto no later than Friday, October 10, 2008.
1

"Doc.#" refers to the docket number of documents filed in this action.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IT IS FURTHER ORDERED VACATING the Court's Order (Doc. 14) of August 26, 2008. IT IS FURTHER ORDERED DENYING Petitioner's Motion for Reconsideration (Doc. 16) of his Writ of Habeas Corpus.2 DATED this 11th day of September, 2008.

The Court will strictly consider the objections to be filed by Petitioner, it will not reconsider the Writ for purposes of a new report and recommendation.
-2-

2