Ruiz v. Fresno Superior Court

Filing 5

ORDER VACATING 4 FINDINGS AND RECOMMENDATIONS and ORDER Directing Clerk of Court to Re-Serve Petitioner With New Case Documents signed by Magistrate Judge Gary S. Austin on 4/29/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JORGE RUIZ,

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Case No. 1:14-cv-00112 LJO GSA HC
Petitioner,

ORDER VACATING FINDINGS AND
RECOMMENDATION
[Doc. #4]

v.
FRESNO SUPERIOR COURT,

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ORDER DIRECTING CLERK OF COURT
TO RE-SERVE PETITIONER WITH NEW
CASE DOCUMENTS

Respondent.

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Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28

18 U.S.C. § 2254.
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On January 27, 2014, Petitioner filed a petition for writ of habeas corpus. On January 28,

20 2014, the Clerk of Court served an order authorizing in forma pauperis status and an order
21 regarding consent on Petitioner. On February 6, 2014, the orders served on Petitioner were
22 returned by the U.S. Postal Service as undeliverable. On April 22, 2014, the Court issued a
23 Findings and Recommendation which had recommended the petition be dismissed for failure to
24 comply with a court order.
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It has come to the Court’s attention that Petitioner’s CDC number was incorrectly

26 recorded on the case docket. Therefore, the new case documents were not properly served on
27 Petitioner. The Court will order the documents re-served using the correct CDC number for
28 Petitioner.

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ORDER

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Accordingly, IT IS HEREBY ORDERED:

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1) The Findings and Recommendation issued April 22, 2014, is hereby VACATED; and

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2) The Clerk of Court is DIRECTED to re-serve the new case documents on Petitioner

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IT IS SO ORDERED.
Dated:

April 29, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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