Powell v. Capenhaver

Filing 22

ORDER Directing Respondent to Re-Serve Answer on Petitioner at New Address of Record signed by Magistrate Judge Barbara A. McAuliffe on 6/4/2013. Within ten (10) days, respondent shall re-serve their answer on plaintiff. Within thirty (30) days from date the answer is served, plaintiff shall file a traverse. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE POWELL,

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Petitioner,

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v.
PAUL COPENHAVER,

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Respondent.

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Case No.:1:12-cv-01781-AWI-BAM (HC)
ORDER DIRECTING RESPONDENT TO RESERVE ANSWER ON PETITIONER AT NEW
ADDRESS OF RECORD
(ECF Nos. 20, 21)

Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. §

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2241.
On April 5, 2013, Respondent filed an answer to the instant petition for writ of habeas corpus.

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On April 12, 2013, Petitioner filed a notice of change of address indicating that on March 18, 2013, he

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was transferred to the Federal Correctional Institution in Mendota, California, and he requests that any

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filing be served at such address.

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Because the proof of service attached to Respondent’s answer indicates that it was served at

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the United States Penitentiary in Atwater, California (Petitioner’s prior address of record), the Court

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will direct Respondent to re-serve the answer at Petitioner’s current address of record.

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Accordingly, IT IS HEREBY ORDERED that

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1.

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Within ten (10) days from the date of service of this order, Respondent shall re-service

the answer filed on April 5, 2013, at Petitioner’s current address of record;
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Petitioner is granted thirty (30) days from the date the answer is served to file a

traverse; and
All other provisions of the Court’s December 17, 2012, order to respond remain in full

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force and effect.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 4, 2013

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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