Thomas v. Anderson et al

Filing 23

ORDER GRANTING 22 Motion for Disposition ; ORDER DIRECTING Clerk of Court to Re-Send Petitioner the Court's January 25, 2011 Order to new address listed in 22 , signed by Magistrate Judge Sandra M. Snyder on 11/17/2016. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSH THOMAS,

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Petitioner,
v.
K. ALLISON, Warden,

ORDER DIRECTING CLERK OF
COURT TO RE-SEND PETITIONER
THE COURT’S JANUARY 25, 2011
ORDER

Respondent.
(Doc. 22)

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Case No. 1:10-cv-01005-OWW-SMS (HC)

This matter is before the Court on Petitioner’s “Motion for Disposition,” filed November 10,

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2016. Doc. 22. Therein, Petitioner requests a notice of the Court’s “decision” and “move[s] the

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Court for disposition in this case.” The motion also reflects an address different from Petitioner’s

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current address, indicating he is at the California Department of Corrections and Rehabilitation’s

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Medical Facility in Vacaville, CA.
On January 25, 2011, District Judge Oliver W. Wanger signed an order captioned: “Order

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Summarily Dismissing Petition for Writ of Habeas Corpus, Directing Clerk of Court to Enter

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Judgment, and Declining to Issue a Certificate of Appealability.” Doc. 19. Judge Wanger dismissed

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the petition with prejudice and declined to issue a certificate of appealability. Further, he directed

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the Clerk of Court to enter judgment and close the case. On January 26, 2011, the Clerk of Court

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entered judgment in the case in. Doc. 20. Also on January 26, 2011, the judgment and January 25,
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2011 order were served on Petitioner by mail. They were, however, returned undeliverable on

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February 25, 2011. Approximately three months later, on May 24, 2011, Petitioner notified the
Court of a change of address. Doc. 21. At that point, the case had been closed.
As Petitioner remains unaware of the Court’s disposition, the Clerk of Court is DIRECTED
to re-send Petitioner, along with this order, the January 25, 2011 order, at the following address:
California Medical Facility
C-53074
P.O. Box 2500
Vacaville, CA 95696

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IT IS SO ORDERED.

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Dated:
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November 17, 2016

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE