Gravel v. Babcock

Filing 17

ORDER signed by Magistrate Judge Kendall J. Newman on 6/16/2014 DENYING petitioner's 15 motion for summary judgment, without prejudice; the Clerk shall serve a copy of respondent's 14 answer and attached exhibit on petitioner's address of record; and petitioner has 30 days, to file a traverse to respondent's answer. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC MICHAEL GRAVEL,

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Petitioner,

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v.

No. 2:14-cv-0012 KJN P

ORDER

MIKE BABCOCK, Warden,

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Respondent.

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Petitioner is proceeding pro se with an application for a writ of habeas corpus pursuant to

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28 U.S.C. § 2241. Both parties consented to proceed before the undersigned for all purposes.

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See 28 U.S.C. § 636(c). On April 7, 2014, respondent filed an answer.

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On May 9, 2014, petitioner filed a motion for summary judgment. However, in his

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motion, petitioner claims that respondent failed to respond to the petition (ECF No. 15 at 12, 16),

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and is “not acting in good faith” (ECF No. 15 at 16). Indeed, petitioner’s motion fails to address

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respondent’s arguments contained in the April 7, 2014 answer.
The answer contains a certificate of service attesting to service by mail on petitioner at his

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current address. However, it is apparent from petitioner’s motion that he did not receive a copy

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of respondent’s answer. Accordingly, IT IS HEREBY ORDERED that:
1. Petitioner’s motion for summary judgment (ECF No. 15) is denied without prejudice;

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2. The Clerk of the Court is directed to serve a copy of respondent’s answer and the
attached exhibit (ECF Nos. 14 & 14-1) on petitioner at his address of record; and
3. Petitioner is granted thirty days from the date of this order in which to file a traverse to

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respondent’s answer.

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Dated: June 16, 2014

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/grav0012.den

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