Wheelwright v. The California Department of Corrections

Filing 23

ORDER signed by Magistrate Judge Gregory G. Hollows on 3/3/14 ORDERING that within 21 days of this order, petitioner shall file with the court one opposition which contains all of the exhibits he wishes to include. This opposition should be addres sed to the United States District Court, 501 I Street, Suite 4-200, Sacramento, CA 95814. Within 21 days of this order, petitioner shall serve respondent with the same opposition and exhibits filed with the court at the following address: Office of the Attorney General, 1300 I Street, P.O. Box 944255, Sacramento, CA 95814. (Dillon, M)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

DION DARYL WHEELWRIGHT,

11

No. 2:13-cv-0787 GGH P

Petitioner,

12

v.

13

C. WOFFORD,

14

ORDER

Respondent.

15
On September 13, 2013, respondent filed and served its motion to dismiss. When

16
17

petitioner did not file an opposition, this court issued an order to show cause why the motion to

18

dismiss should not be granted. Petitioner did not respond to the order to show cause; however,

19

respondent filed a notice on February 21, 2014, informing the court that petitioner had sent two

20

oppositions to their office address1 both in December, 2013 and February, 2014. Respondent did

21

not realize until recently that the December filing was intended to be an opposition for filing with

22

the court. Respondent has attached the oppositions which are identical in nature, other than the

23

exhibits attached, which are for the most part different. (ECF. No. 22, attachments.) For this

24

reason, neither of the unfiled oppositions submitted by respondent will be considered. Instead,

25

petitioner shall file and serve one opposition containing his desired exhibits.

26
27
28

1

According to respondent, the oppositions were addressed to “The U.S. Eastern District Court
of California – Sacramento Attorney General 1300 I Street 1st Floor Sacramento CA 95814.”
(ECF No. 22 at 2.)
1

1

Accordingly, IT IS ORDERED that:

2

1. Within twenty-one (21) days of this order, petitioner shall file with the court one

3

opposition which contains all of the exhibits he wishes to include. This opposition should be

4

addressed to the United States District Court, 501 I Street, Suite 4-200, Sacramento, CA 95814.

5

2. Within twenty-one (21) days of this order, petitioner shall serve respondent with the

6

same opposition and exhibits filed with the court at the following address: Office of the Attorney

7

General, 1300 I Street, P.O. Box 944255, Sacramento, CA 95814.

8

Dated: March 3, 2014

9

/s/ Gregory G. Hollows

10

UNITED STATES MAGISTRATE JUDGE

11

Dated:

12

GGH:076/Whee0787.re-srv

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2