Sprague v. Beard

Filing 17

ORDER GRANTING Petitioner's 16 Motion for Re-Service; ORDER DIRECTING Clerk of Court to Re-Serve Documents signed by Magistrate Judge Jennifer L. Thurston on 8/4/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES SION SPRAGUE,

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Petitioner,
v.

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JEFFREY BEARD, Warden,

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Respondents.

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Case No.: 1:16-cv-00243-DAD-JLT
ORDER GRANTING PETITIONER’S MOTION
FOR RE-SERVICE (Doc. 16)
ORDER DIRECTING CLERK OF COURT TO RESERVE DOCUMENTS (Doc. 13)

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The instant petition was filed on February 22, 2016. (Doc. 1). On June 30, 2016, the Court

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issued Findings and Recommendations to dismiss the petition as untimely and gave the parties 21 days

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within which to file objections. (Doc. 13). On July 14, 2016, Petitioner filed a notice of change of

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address. (Doc. 14). The next day, Petitioner filed a motion for copies of orders and other documents

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that might have been served before he filed his change of address. (Doc. 16).

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Because it appears that the Findings and Recommendations of June 30, 2016 were sent to

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Petitioner’s old address, the Court will direct the Clerk of the Court to re-serve the documents.

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However, the Court notes that Petitioner has the responsibility to timely and diligently apprise the

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Court of his new mailing address as soon as practicable. Petitioner filed his notice of change of

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address approximately two weeks after the Court served the Findings and Recommendations on June

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30, 2016. Thus, the Court can only conclude that Petitioner was not diligent in filing his change of

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address immediately or he actually received the Findings and Recommendations while still in prison
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and somehow lost them. In either event, the Court reminds Petitioner that it will continue to serve

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Petitioner at the last known address on file. In future, his failure to do so will not delay completion of

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his case regardless of whether he claims that he didn’t receive the Court’s orders.

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ORDER

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For the foregoing reasons, the Court ORDERS:

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1. Petitioner motion for re-service of documents (Doc. 16), is GRANTED.

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2. The Clerk of the Court is DIRECTED to serve Petitioner with the June 30, 2016 Findings
and Recommendations (Doc. 13), at his new address.

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IT IS SO ORDERED.
Dated:

August 4, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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