Cartwright v. Gipson

Filing 41

ORDER Denying Petitioner's Motion To Grant Petition For Failure Of Respondent To File Anser (Doc. 40 ), ORDER Directing Respondent To Re-Serve Petitioner With Answer Within 14 Days, signed by Magistrate Judge Michael J. Seng on 6/10/2015. (Fahrney, E)

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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. 1:13-cv-00463 AWI MJS (HC)
HENRY CARTWRIGHT,

ORDER DENYING PETITIONER'S MOTION
Petitioner, TO GRANT PETITION FOR FAILURE OF
RESPONDENT TO FILE ANSWER

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v.

(Doc. 40)

CONNIE GIPSON, Warden,

ORDER DIRECTING RESPONDENT TO
Respondent. RE-SERVE PETITIONER WITH ANSWER
WITHIN 14 DAYS

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On March 29, 2013, Petitioner filed a petition for writ of habeas corpus. On
December 24, 2014, the Court directed Respondent to file a response to the petition.
(ECF No. 28.) After requesting two extensions of time, Respondent timely filed an
answer with the Court on April 23, 2015. (ECF No. 38.) Respondent attached a proof of
service to the answer stating that a copy of the answer was mailed to Petitioner on the
date of filing. (Id. at 46.)
On May 26, 2015, Petitioner filed a motion requesting the petition be granted
based on Respondent's failure to file a response to the petition. (ECF No. 40.) In the
motion, Petitioner asserts that he did not receive a copy of the answer.
Based on the record before the Court, it appears that Respondent attempted
service of the answer on Petitioner; however, Petitioner did not receive a copy of the

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answer. Based on Respondent's filing of the answer with the Court and the attempted

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compliance with her duty to serve Petitioner with the answer, the motion to grant the

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petition is DENIED.

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It is further ORDERED that Respondent re-serve Petitioner with a copy of the

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answer within fourteen (14) days of the issuance of this order. Petitioner shall have thirty

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(30) days from the date of service of the answer to file a traverse.

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IT IS SO ORDERED.
Dated:

June 10, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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