Lynch v. Peery

Filing 8

ORDER signed by Magistrate Judge Allison Claire on 6/10/16 ORDERING that the Clerk of Court is directed to send petitioner, together with a copy of the instant order, copies of the courts orders filed April 13, 2016 order (ECF No. 6 ) and April 25, 2016 (ECF No. 7 ), and a copy of petitioners seven- page petition for writ of habeas corpus (ECF No. 1 ) at the following address: Damon J. Lynch, Jr., CDCR AU-8991, California Correctional Center P.O. Box 790, Susanville CA 96127-0790; The Cle rk of Court is also directed to designate petitioners current address on the docket of this case. Petitioner shall, within 45 days after service of this order, file the following: a. A notice of change of address that provides plaintiffs current f ull mailing address; and b. A response to the substance of the courts order filed April 13, 2016 (ECF No. 6 ), that is, if so intended by petitioner, a request to stay this action pursuant to the authority identified in the courts order. Petitioners failure to timely respond to this order will result in a recommendation that this action be dismissed without prejudice.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAMON J. LYNCH, JR.,

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Petitioner,

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No. 2:16-cv-0448 JAM AC P

v.
SUZANNE M. PEERY,

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ORDER

Respondent.

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Petitioner has not responded to this court’s most recent order filed April 25, 2016.

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Review of the “Inmate Locator” website operated by the California Department of Corrections

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and Rehabilitation indicates that plaintiff is now re-incarcerated at the California Correctional

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Center in Susanville.1

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of Court is directed to send petitioner, together with a copy of the instant

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order, copies of the court’s orders filed April 13, 2016 order (ECF No. 6) and April 25, 2016

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(ECF No. 7), and a copy of petitioner’s seven-page petition for writ of habeas corpus (ECF No. 1)

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See http://inmatelocator.cdcr.ca.gov/search.aspx. See also Fed. R. Evid. 201 (court may take
judicial notice of facts that are capable of accurate determination by sources whose accuracy
cannot reasonably be questioned).
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at the following address:

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Damon J. Lynch, Jr.
CDCR AU-8991
California Correctional Center
P.O. Box 790
Susanville CA 96127-0790
(NOTE: please forward to correct housing unit)

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2. The Clerk of Court is also directed to designate petitioner’s current address on the
docket of this case.
3. Petitioner shall, within forty-five (45) days after service of this order, file the
following:

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a. A notice of change of address that provides plaintiff’s current full mailing address; and

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b. A response to the substance of the court’s order filed April 13, 2016 (ECF No. 6), that

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is, if so intended by petitioner, a request to stay this action pursuant to the authority identified in

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the court’s order.

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4. Petitioner’s failure to timely respond to this order will result in a recommendation that
this action be dismissed without prejudice.

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SO ORDERED.

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DATED: June 10, 2016

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