Luna v. Vasquez

Filing 23

ORDER Vacating 20 Order Adopting Findings and Recommendations and 21 Judgment Entered on December 20, 2007, and GRANTING Petitioner Thirty Days to File Objections to Findings and Recommendation signed by District Judge Lawrence J. O'Neill on 2/6/2008. ( Objections to F&R due by 3/10/2008.) Case reopened. (Esteves, C)

(HC) Luna v. Vasquez

Doc. 23

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 P. VASQUEZ, Warden, 13 Respondent. 14 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. 17 On October 12, 2007, the Magistrate Judge assigned to this action issued a Findings and 18 Recommendation to deny instant petition for writ of habeas corpus. (Court Doc. 18.) The 19 20 However, on October 18, 2007, the Recommendation mailed to Petitioner was returned to the 21 Court with a notation "Unable to locate/No Match." (Court Doc. 19.) After the thirty day time 22 frame expired, the Recommendation was adopted in full and judgment was entered in favor of 23 Respondent on December 20, 2007. (Court Docs. 20, 21.) 24 On January 25, 2008, Petitioner informed the Court that he never received a copy of the 25 Findings and Recommendation. (Court Doc. 22.) Petitioner states that the failure to receive the 26 27 28
The Recommendation was properly served at Petitioner's last known address of record as identified in the c h a n g e of address filed on May 4, 2007, and no new address changes have been filed. (Court Doc. 17.) Service of d o c u m e n t s at the prior address of record of the party is effective service. Local Rule 83-182(f).
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UNITED STATES DISTRICT COURT

JOSE LUIS LUNA, Petitioner, v.

CV F 05-1228 LJO DLB HC ORDER VACATING ORDER ADOPTING FINDINGS AND RECOMMENDATION AND JUDGMENT ENTERED ON DECEMBER 20, 2007, AND GRANTING PETITIONER THIRTY DAYS TO FILE OBJECTIONS TO FINDINGS AND RECOMMENDATION [Court Docs. 18, 20, 21] /

Recommendation was properly served on the parties at the last known address of record.1

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Dockets.Justia.com

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Recommendation resulted in his case being denied. (Id.) Based on Petitioner's claim that he never received the Recommendation and in the interest of justice, the Court will vacate the judgment and grant Petitioner an opportunity to file objections to the Findings and Recommendation. Accordingly, it is HEREBY ORDERED that: 1. The Court's December 20, 2007, order adopting the Findings and Recommendation and judgment entered in favor of Respondent is VACATED; 2. Within thirty (30) days from the date of service of this order, Petitioner may file objections to the Findings and Recommendation; and, 3. Failure to file timely objections will result in the issuance of a final order resolving the instant petition.

IT IS SO ORDERED. Dated: b9ed48 February 6, 2008 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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