Wheelwright v. The California Department of Corrections

Filing 26

ORDER signed by Magistrate Judge Gregory G. Hollows on 05/19/14 ordering the clerk of the court is directed to docket both attachments 1 and 2 to docket number 22 as petitioner's opposition to respondent's 09/13/13 motion to dismiss. Respondent may file a reply within 14 days of this order. The motion will then be taken under submission. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DION DARYL WHEELWRIGHT,

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No. 2:13-cv-0787 GGH P

Petitioner,

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v.

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C. WOFFORD,

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ORDER

Respondent.

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Petitioner did not file an opposition to respondent’s motion to dismiss, but sent two

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separate oppositions to the offices of the Attorney General, which were forwarded to the court by

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respondent on February 21, 2014. (ECF No. 22.) Although the oppositions submitted to the

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court were identical, their exhibits were for the most part different. Accordingly, by order filed

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March 4, 2014, petitioner was directed to file an opposition containing all of the exhibits he

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wished to include. Petitioner received an extension of time in which to file this opposition on

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April 4, 2014; however, the deadline has passed and he has not filed said opposition.

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Therefore, the court will consider the oppositions submitted by respondent and all of the

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exhibits attached to both oppositions. Petitioner is warned, however, that all future filings in this

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case must be mailed directly to this court, and also served on the Attorney General. Future

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submissions which are only mailed to the Attorney General and not sent to this court for filing

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will not be considered. Service on the Attorney General alone is not sufficient, and the Attorney

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General’s Office has no duty to forward petitioner’s submissions to this court for filing.
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Accordingly, IT IS ORDERED that:

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1. The Clerk of the Court is directed to docket both Attachments 1 and 2 to docket

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number 22 as petitioner’s “opposition” to respondent’s September 13, 2013 motion to dismiss.
2. Respondent may file a reply within fourteen days of this order. The motion will then

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be taken under submission.

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Dated: May 19, 2014

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076/Whee0787.opp-exs

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