Androshchuk v. Biter

Filing 52

ORDER signed by Magistrate Judge Allison Claire on 1/30/2018 ORDERING the Clerk to update petitioner's address of record to Mule Creek State Prison and DIRECTING respondent to re-serve petitioner with his opposition to the motion for extension of time at Mule Creek State Prison within 7 days. Petitioner may file a reply within 7 days of service of the opposition.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDUARD VLADIMIROV
ANDROSHCHUK,
Petitioner,

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No. 2:15-cv-1204 MCE AC P

ORDER
v.
M. ELIOT SPEARMAN,
Respondent.

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Petitioner moved for an extension of time to file his notice of appeal. ECF No. 44.

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Respondent was given an opportunity to respond to the motion. ECF No. 45. Respondent

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opposes the motion for extension on the ground that petitioner has failed to establish the good

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cause necessary to permit the requested extension. ECF No. 50. Petitioner has not filed a reply.

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However, a recent court document was served on petitioner’s address of record and returned by

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the postal service. Additionally, the California Department of Corrections and Rehabilitation’s

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inmate locator shows that petitioner is no longer housed at High Desert State Prison and is now at

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Mule Creek State Prison. It appears that petitioner has failed to comply with Local Rule 183(b),

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which requires that a party appearing in propria persona inform the court of any address change.

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Since it appears that petitioner may not have received respondent’s opposition to his
motion for an extension of time because he failed to properly update his address, the court will
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direct respondent to re-serve his opposition and petitioner will be given one more opportunity to

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file a reply. Petitioner is reminded that he must notify the court when his address changes.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed update petitioner’s address of record to Mule Creek

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State Prison, P.O. Box 409099, Ione, CA 95670.
2. Respondent is directed to re-serve petitioner with his opposition to the motion for

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extension of time (ECF No. 50) at Mule Creek State Prison within seven days of the filing of this

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order. Petitioner may file a reply within seven days of service of the opposition.

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DATED: January 30, 2018

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