Johnson v. Swarthout et al

Filing 38

ORDER signed by Magistrate Judge Kendall J. Newman on 09/05/12 ordering the clerk of the court is directed to re-serve a copy of the 07/02/12 findings and recommendations 35 and the 07/03/12 order 36 on petitioner at 1716 Peggy Court, Petaluma, California 94954. Petitioner shall file a notice of change of address within 14 days from the date of this order. Petitioner is granted 14 days in which to file objections to the 07/02/12 order. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL SAMUEL JOHNSON,

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Petitioner,

No. 2:11-cv-2733 KJM KJN P

vs.
GARY SWARTHOUT,

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Respondent.

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ORDER
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Petitioner is a former state prisoner proceeding without counsel. On July 18,

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2012, petitioner’s copies of orders were returned as undeliverable. On July 16, 2012, respondent

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notified the court of petitioner’s release onto parole. Petitioner previously provided the address

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to which he would parole, but was subsequently re-incarcerated. (See Dkt. Nos. 29, 34.)

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Petitioner has not filed a notice of change of address since July 16, 2012; thus, in an abundance

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of caution, the court will re-serve a copy of the above-referenced documents on plaintiff at the

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previously-provided parole address. However, petitioner is cautioned that he is under a

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continuing duty to notify the court and opposing counsel of any change of address. L.R. 182(f).

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Also, Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for

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imposition of any and all sanctions authorized by statute or Rule or within the inherent power of

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the Court.” Id.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to re-serve a copy of the July 2, 2012

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findings and recommendations (dkt. no. 35) and the July 3, 2012 order (dkt. no. 36) on petitioner

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at 1716 Peggy Court, Petaluma, California 94954;

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2. Petitioner shall file a notice of change of address within fourteen days from the
date of this order; and

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3. Petitioner is granted fourteen days in which to file objections to the July 2,

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2012 order.

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DATED: September 5, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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john2733.res

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