Tyes v. McEwen

Filing 31

ORDER signed by Magistrate Judge Dale A. Drozd on 04/04/14 denying 30 Motion to Dismiss. The clerk of the court shall serve petitioner with a copy of the court's 10/02/13 order and judgment 28 , 29 . Further documents filed by petitioner since the closing date of this case will be disregarded. No orders will issue in response to future filings. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ARTHUR EUGENE TYES,

12

Petitioner,

13
14

v.

No. 2:12-cv-1755 TLN DAD P

ORDER

L. S. McEWEN, Warden,

15

Respondent.

16
17

On March 24, 2014, petitioner filed a motion to voluntarily dismiss this action. Petitioner

18

is advised that, on October 2, 2013, the court granted respondent’s motion to dismiss petitioner’s

19

application for a writ of habeas corpus as untimely. The court entered judgment on the same day.

20

It appears from the docket in this case that petitioner’s copy of the court’s order and judgment

21

were returned as undeliverable. However, the court properly served petitioner with the order and

22

judgment at his address of record. In any event, this action is now closed. Accordingly, the court

23

will deny petitioner’s motion to dismiss the case as having been rendered moot.

24

IT IS HEREBY ORDERED that:

25

1. Petitioner’s motion to dismiss (Doc. No. 30) is denied;

26

2. The Clerk of the Court is directed to serve petitioner with a copy of the court’s October

27

2, 2013 order and judgment (Doc. Nos. 28 & 29); and

28

/////
1

1

3. Further documents filed by petitioner since the closing date of this case will be

2

disregarded. No orders will issue in response to future filings.

3

Dated: April 4, 2014

4
5
6

DAD:9:kly
tyes1755.158

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2