Perez v. Matevousian

Filing 17

ORDER Setting a Briefing Schedule for Respondent's Motion to Dismiss the Petition for a Writ of Habeas Corpus signed by Magistrate Judge Jeremy D. Peterson on 06/05/2018. Deadline 6/26/2018.(Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE ANGEL PEREZ,

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Case No. 1:17-cv-01075-JDP

Petitioner,
v.
ANDRE MATEVOUSIAN,
Respondent.

ORDER SETTING A BRIEFING SCHEDULE
FOR RESPONDENT’S MOTION TO
DISMISS THE PETITION FOR A WRIT OF
HABEAS CORPUS
(Doc. No. 15)

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Respondent moves to dismiss pro se petitioner Jose Angel Perez’s petition for a writ of

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habeas corpus filed under 28 U.S.C. § 2241. (Doc. No. 15.) Respondent contends that the

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petition is moot because the U.S. District Court for the Eastern District of North Carolina recently

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amended its April 11, 1994 judgment to reflect that the charge against petitioner under

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18 U.S.C. § 924(c)—possession of a firearm during a drug trafficking crime—had been vacated.

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(See Doc. No. 15-1, at 17 (Amended Judgment).) Petitioner’s deadline for responding to the

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motion to dismiss—Wednesday, April 25, 2018—has passed, but the court has not received a

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response from petitioner. Although the court will allow petitioner another opportunity to respond

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to the motion to dismiss, petitioner’s failure to respond may result in the dismissal of this case.

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Accordingly,

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1. Petitioner’s new deadline for responding to respondent’s motion to dismiss is

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Tuesday, June 26, 2018; and
2. Petitioner’s failure to respond to the motion to dismiss may result in dismissal of this

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case.

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IT IS SO ORDERED.
Dated:

June 5, 2018

/s/

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Jeremy D. Peterson

UNITED STATES MAGISTRATE JUDGE

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