Gentry v. Grounds

Filing 28

ORDER signed by Magistrate Judge Kendall J. Newman on 1/3/2014 DENYING, without prejudice, petitioner's 27 motion. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRY WAYNE GENTRY,

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Petitioner,

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v.

No. 2:13-cv-0142 WBS KJN P

ORDER

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RANDY GROUNDS, Warden,

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Respondent.

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Petitioner is a state prisoner proceeding without counsel. On November 22, 2013,

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petitioner filed a motion to vacate judgment pursuant to Rule 60(b) of the Federal Rules of Civil

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Procedure. However, no judgment has been entered. Because judgment has not yet been entered,

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there is no judgment to be vacated. So long as petitioner keeps the court informed of his current

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address, petitioner will be notified when the court rules on the underlying petition for writ of

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habeas corpus.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s November 22, 2013 motion

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(ECF No. 27) is denied without prejudice.

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Dated: January 3, 2014

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/gent0142.den2

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