Knight v. Matevousian

Filing 35

ORDER re Motion Letter 34 , signed by Magistrate Judge Erica P. Grosjean on 6/9/16. Respondent to Re-Serve Within 7-Days. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WADE KNIGHT, Petitioner, 12 13 14 15 Case No. 1:15-cv-00340-AWI-EPG-HC ORDER RE: MOTION LETTER v. ANDRE MATEVOUSIAN, (ECF No. 34) Respondent. 16 17 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2241. On March 30, 3016, the Court ordered Respondent to file a brief 19 and additional materials to further develop the record with respect to Petitioner’s claim that the 20 DHO spoke with the inmate witnesses only after the DHO had already found Petitioner guilty 21 and imposed sanctions. (ECF No. 29). Respondent filed a response and supplemental declaration 22 on April 27, 2016. (ECF Nos. 32, 33). 23 On June 6, 2016, the Court received the instant motion wherein Petitioner states that as of 24 June 1, 2016, he has not received Respondent’s response to the Court’s March 30th order. (ECF 25 No. 34). Although Respondent had previously served the response and supplemental declaration 26 on Petitioner, (ECF No. 32 at 7), it is clear that Petitioner has not received said documents. 27 28 Accordingly, the Court HEREBY ORDERS that: 1. Within seven (7) days of the date of this order, Respondent SHALL RE-SERVE the 1 1 response (ECF No. 32) and supplemental declaration (ECF No. 33) on Petitioner and file 2 a certificate of service with the Court; and 3 2. Within thirty (30) days of the date of service of Respondent’s response and supplemental 4 declaration, Petitioner SHALL FILE a brief and any additional materials to further 5 develop the record. 6 7 8 IT IS SO ORDERED. Dated: June 9, 2016 /s/ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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