Valdez v. Virga

Filing 44

ORDER Directing Clerk of Court to Serve Petitioner with a Copy of the Court's 38 Findings and Recommendation; ORDER Providing Petitioner Thirty 30 Days to File Objections to Findings and Reccomendation re 43 , signed by Magistrate Judge Michael J. Seng on 6/29/15. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:12-cv-01784 AWI MJS (HC)
RUBEN VALDEZ,

ORDER DIRECTING CLERK OF COURT
Petitioner, TO SERVE PETITIONER WITH A COPY OF
THE COURT'S FINDINGS AND
RECOMMENDATION

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v.

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CONNIE GIPSON, Warden,

ORDER PROVIDING PETITIONER THIRTY
30 DAYS TO FILE OBJECTIONS TO
FINDINGS AND RECOMMENDATION

Respondent. (Doc. 43)

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254.

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On November 1, 2012, Petitioner filed a petition for writ of habeas corpus. (Pet.,

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ECF No. 1.) On February 10, 2015, the Court issued findings and a recommendation to

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deny the first amended petition. (ECF No. 38.)

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On June 26, 2015, Petitioner filed a motion requesting the Court serve him with a

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copy of the Findings and Recommendation and provide him an additional thirty (30) days

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to prepare and file objections. (ECF No. 43.) Petitioner asserts that he never received a

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copy of the findings and recommendation. Upon review of the docket, through mistake or

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inadvertence, it appears that the Court failed to serve Petitioner by mail with a paper
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copy of the findings and recommendation.

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Accordingly, it is hereby ORDERED that Petitioner's motion requesting a copy of

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the findings and recommendation is GRANTED. The Court orders the Clerk of Court to

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serve Petitioner with a copy of the findings and recommendation. (Doc. 38.) Objections

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to the findings and recommendation are due within thirty (30) days of the date of service

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of the findings and recommendation.

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IT IS SO ORDERED.
Dated:

June 29, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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