Stamos, Jr. v. Grounds

Filing 33

ORDER responding to Petitioner's 32 Notice to the Court that he has yet to receive a responsive pleading from Respondent signed by Magistrate Judge Michael J. Seng on 4/19/2016. (Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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1:15-cv-01838 DAD MJS HC
JAMES GEORGE STAMOS, JR.,

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v.

ORDER RESPONDING TO PETITIONER’S
Petitioner, NOTICE TO THE COURT THAT HE HAS
YET TO RECEIVE A RESPONSIVE
PLEADING FROM RESPONDENT
(Doc. 32.)

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RANDY GROUNDS,
Respondent.

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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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Petitioner filed the present petition on October 13, 2015. (ECF No. 1.) On January

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13, 2016, the Court ordered Respondent to file a response to the petition. (ECF No. 19.)

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On March 14, 2016, the Court granted Respondent’s request for an extension of time to

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file a response. On April 15, 2016, Petitioner filed a notice with the Court that he had not

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received a responsive pleading from Respondent. (ECF No. 32.) Petitioner appears to

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have dated and mailed the notice on April 12, 2016. (Id.)

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According to the Court’s docket, Respondent filed an answer to the petition on

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April 13, 2016. (Answer, ECF No. 31.) Attached to the answer is a proof of service

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stating that a copy of the answer was mailed to Petitioner on the same date. (Id.) It
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therefore appears that Petitioner’s notice and Respondent’s answer “crossed paths” in

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the mail, and it is likely that Petitioner should receive a copy of the answer in due course

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if it has not already been received.

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Should, for some reason, Petitioner not receive a copy of the answer, he should

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contact Respondent and request an additional copy be sent. Further, if Petitioner is not

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in receipt of the answer, and requires additional time to file a traverse, he may request

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an extension of time to file a traverse from the Court.

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IT IS SO ORDERED.
Dated:

April 19, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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