Servin v. Rackley

Filing 15

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/12/2015 GRANTING petitioner's 13 motion for an extension of time and petitioner has 30 days to file a response to the motion to dismiss. The Clerk shall terminate docket entries 13 and 14 . (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD JAMES SERVIN,

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Petitioner,

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v.

No. 2:15-cv-779-JAM-EFB P

ORDER

RONALD RACKLEY,
Respondent.

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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. Petitioner requests an extension of time to file his opposition to respondent’s

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motion to dismiss. He also seeks clarification as to who the proper respondent is in this action,

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given petitioner’s recent transfer to a new prison. The court hereby clarifies that the proper

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respondent is the warden of the facility where petitioner is being held, and the court will

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substitute the correct respondent as needed. See Rumsfeld v. Padilla, 542 U.S. 435 (2004).

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IT IS HEREBY ORDERED that petitioner’s motion for extension of time is granted and

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petitioner has 30 days from the date this order is served to file a response to the motion to

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dismiss. The Clerk shall terminate docket entries 13 and 14.

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DATED: August 12, 2015.

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