Snow v. Ryan et al

Filing 9

ORDER The reference to the Magistrate Judge is withdrawn solely as to Petitioner's motion to correct, doc. 8. Petitioner's motion to correct record is denied. (Doc. 8.) Signed by Judge G Murray Snow on 7/11/11.(KMG)

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WO

SC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Larry Charles Snow, Jr.,
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Petitioner,
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vs.
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Charles L. Ryan, et al.,
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Respondents.
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No. CV 11-1023-PHX-GMS (MHB)
ORDER

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Petitioner Larry Charles Snow, Jr., who is confined in the Arizona State Prison

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Complex-Eyman, Cook Unit, in Florence, Arizona, filed a pro se Petition for Writ of Habeas

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Corpus pursuant to 28 U.S.C. § 2254. In an Order filed on June 8, 2011, the Court ordered

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a response to the Petition. (Doc. 5.) On June 16, 2011, Petitioner filed a motion to correct

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the court record. (Doc. 8.) In it, Petitioner purports to require Respondents to address

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various issues and asks the Court to correct its prior Order to correct its description of his

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claim. The Court described Plaintiff’s claim as alleging that “his Due Process and Equal

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Protection rights have been violated by the failure of the trial court to resentence him

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following a change in controlling state law.” (Doc. 5.) Respondents were ordered to respond

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to Petitioner’s claim, not to this Court’s description of the claim. Accordingly, Petitioner’s

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motion will be denied.

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III.

Warnings

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A.

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Petitioner must file and serve a notice of a change of address in accordance with Rule

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Address Changes

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83.3(d) of the Local Rules of Civil Procedure. Petitioner must not include a motion for other

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relief with a notice of change of address. Failure to comply may result in dismissal of this

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action.

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B.

Copies

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Petitioner must serve Respondents, or counsel if an appearance has been entered, a

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copy of every document that he files. Fed. R. Civ. P. 5(a). Each filing must include a

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certificate stating that a copy of the filing was served. Fed. R. Civ. P. 5(d). Also, Petitioner

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must submit an additional copy of every filing for use by the Court. LRCiv 5.4. Failure to

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comply may result in the filing being stricken without further notice to Petitioner.

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C.

Possible Dismissal

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If Petitioner fails to timely comply with every provision of this Order, including these

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warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet,

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963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to

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comply with any order of the Court).

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IT IS ORDERED:

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(1)

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The reference to the Magistrate Judge is withdrawn solely as to Petitioner’s

motion to correct, doc. 8.

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(2)

Petitioner’s motion to correct record is denied. (Doc. 8.)

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DATED this 11th day of July, 2011.

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