Trebas v. Price

Filing 16

ORDER Requiring Respondent to Re-Serve Motion to Dismiss on Petitioner within Seven (7) Days signed by Magistrate Judge Michael J. Seng on 07/12/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL TREBAS,
Petitioner,

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v.

Case No. 1:17-cv-00265-MJS (HC)
ORDER REQUIRING RESPONDENT TO RESERVE MOTION TO DISMISS ON
PETITIONER WITHIN SEVEN (7) DAYS

BRANDON PRICE,
Respondent.

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Petitioner is a former civil detainee proceeding pro se with a petition for writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. On June 21, 2017, Respondent filed a

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motion to dismiss the petition as moot. (ECF No. 13.) On July 10, 2017, Petitioner filed

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“Objections to Respondent’s Ex Parte Items.” (ECF No. 15.) Therein, Petitioner states

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that he did not receive Respondent’s motion to dismiss. He received only Respondent’s

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Notice of Lodging Documents in Paper. Petitioner also provides a change of address.

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The motion to dismiss includes a declaration of service indicating that it was

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served on Petitioner at his address of record on June 21, 2017. (ECF No. 13-1.) To the

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extent Petitioner implies that the motion was never sent, the Court points out that mail

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sent to Petitioner at his address of record, including his non-custodial address, was

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returned as undeliverable on more than one occasion. Plaintiff is reminded of his

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obligation to provide the Court and Respondent with his current address. Local Rule

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182(f). Service at Petitioner’s address of record is deemed effective. Id. Furthermore,

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failure to provide the Court with a current address may result in dismissal of the action.

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Local Rule 183(b).

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In order to provide Petitioner an opportunity to respond to the motion, the Court

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will require Respondent to re-serve the motion on Petitioner at his updated address.

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Accordingly, it is HEREBY ORDERED that:

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1. Within seven (7) days of service of this order, Respondent shall re-

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serve the motion on Petitioner at his updated address;

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2. Within thirty (30) days of service of this order, Petitioner shall file an

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opposition or statement of non-opposition to the motion;
3. Any reply shall be filed within seven (7) days of service of Petitioner’s

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opposition.

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IT IS SO ORDERED.
Dated:

July 12, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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