Gutierrez v. Foulk

Filing 18

ORDER signed by Magistrate Judge Allison Claire on 2/19/14 ORDERING that Respondent is directed to re-serve a copy of the answer upon petitioner at his new address, CSP-Corcoran, within 7 days, and to file proof of re- service thereof. See ECF No. 17 ; and Petitioner is granted 30 days from the date of re-service of the answer to file a traverse.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE GUTIERREZ,

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Petitioner,

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No. 2:13-cv-1972 AC P

v.

ORDER

F. FOULK,

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Respondent.

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Petitioner proceeds on a petition for writ of habeas corpus filed pursuant to 28 U.S.C. §

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2254. Respondent filed an answer on January 15, 2014. Petitioner filed a notice of a change of

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address dated January 29, 2014, indicating that he had been transferred. See ECF No. 17. As the

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answer was served at petitioner’s old address, High Desert State Prison, petitioner is likely not to

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have received the answer. Therefore, IT IS HEREBY ORDERED that:
1. Respondent is directed to re-serve a copy of the answer upon petitioner at his new

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address, CSP-Corcoran, within seven (7) days, and to file proof of re-service thereof. See ECF

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No. 17; and

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2. Petitioner is granted thirty days from the date of re-service of the answer to file a

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traverse.

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DATED: February 19, 2014

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