Aviles v. Fresno County Superior Court

Filing 11

ORDER VACATING 8 Order to Show Cause; ORDER DIRECTING Clerk of Court to Forward Consent/Decline Form to Petitioner; ORDER DIRECTING Petitioner to Complete and Return Consent/Decline Form, signed by Magistrate Judge Gary S. Austin on 1/28/13. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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IGNACIO RODRIGUEZ AVILES,

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1:12-CV-01572 GSA HC

Petitioner,

ORDER VACATING ORDER TO SHOW
CAUSE
[Doc. #8]

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v.
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ORDER DIRECTING CLERK OF COURT
TO FORWARD CONSENT/DECLINE FORM
TO PETITIONER

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FRESNO COUNTY SUPERIOR COURT,
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Respondent.
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/

ORDER DIRECTING PETITIONER TO
COMPLETE AND RETURN
CONSENT/DECLINE FORM

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
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pursuant to 28 U.S.C. § 2254.
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On January 2, 2013, the Court issued an order directing Petitioner to show cause why the
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petition should not be dismissed for failure to comply with court orders. On January 18, 2013,
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Petitioner responded to the order to show cause stating he did not receive the Court’s previous
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orders. He states he was transferred from Wasco State Prison to the Valley State Prison at
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Chowchilla and his mail was not forwarded. He claims he notified the Court of his changed address
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but the notification was not received by the Court. He further claims mail has been delayed at his
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institution.
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Good cause having been presented, and good cause appearing therefor, IT IS HEREBY
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U .S. D istrict C ourt
E. D . C alifornia

cd

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ORDERED:

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1) The order to show cause dated January 2, 2013, is VACATED;

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2) The Clerk of Court is DIRECTED to send Petitioner a blank consent/decline form;

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3) Petitioner is GRANTED fourteen (14) days from the date of service of this Order to

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complete and return the form and indicate whether Petitioner consents or declines to the jurisdiction

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of the Magistrate Judge. Failure to timely comply will result in dismissal of the petition.

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IT IS SO ORDERED.

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Dated:
6i0kij

January 28, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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U .S. D istrict C ourt
E. D . C alifornia

cd

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