Roettgen v. Adams et al

Filing 25

ORDER granting 24 Petitioner's Motion to Vacate Judgment. The judgment entered on 7/23/08 23 is vacated. The Clerk is directed to provide a copy of the R&R 21 to Petitioner. Petitioner shall have until 10/24/08 to file objections to the R&R. Respondents shall have until 11/7/08 to file a response. Signed by Judge David G Campbell on 10/6/08.(TLJ)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

John David Roettgen, Petitioner, vs. Derral Adams, Warden; and Attorney General of the State of Arizona, Respondents.

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No. CV-06-1452-PHX-DGC (ECV) ORDER

Petitioner is a prisoner currently confined at Corcoran State Prison in California. United States Magistrate Judge Edward Voss issued a report and recommendation ("R&R") recommending that the Court deny Petitioner's petition for writ of habeas corpus. Dkt. #21. The parties did not filed objections to the R&R. The Court accepted the R&R and judgement was entered accordingly. Dkt. ##22-23. Petitioner has filed a motion to vacate judgment on the ground that he never received a copy of the R&R. He requests a copy of the R&R and an opportunity to file objections. Dkt. #24. The Court will grant the motion. IT IS ORDERED: 1. 2. 3. Petitioner's motion to vacate judgment (Dkt. #24) is granted. The judgment entered July 23, 2008 (Dkt. #23) is vacated. The Clerk is directed to provide a copy of the R&R (Dkt. #21) to Petitioner.

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4.

Petitioner shall have until October 24, 2008 to file objections to the R&R. Petitioner is advised that the Court is not inclined to grant further extensions absent truly extraordinary circumstances.

5.

Respondents shall have until November 7, 2008 to file a response to the objections.

DATED this 6th day of October, 2008.

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