Azevedo v. Colusa County Superior Court

Filing 40

ORDER signed by Magistrate Judge Deborah Barnes on 12/4/18 DIRECTING plaintiff to reserve 23 Motion to Dismiss on petitioner at his current address. Petitioner shall file an opposition or statement of non-opposition within thirty days of the date of service of 23 Motion to Dismiss. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALEX LEONARD AZEVEDO,

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No. 2:17-cv-0545 DB P

Petitioner,
v.

ORDER

COLUSA COUNTY SUPERIOR COURT,
Respondent.

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Petitioner is a county inmate proceeding pro se and in forma pauperis with a petition for a

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writ of habeas corpus under 28 U.S.C. § 2254. Respondent has filed a motion to dismiss (ECF

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No. 23), but petitioner has not filed an opposition.

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It appears the motion to dismiss was sent to the address on file for petitioner at the time

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the motion was filed. However, it appears petitioner’s address changed before he received a copy

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of the motion to dismiss. (ECF No. 28.) Petitioner’s most recent notice of change of address

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indicates that he is presently incarcerated in the Colusa County Jail. (ECF No. 34.)

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Because it appears petitioner did not receive a copy of the motion to dismiss, counsel for

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respondent will be directed to reserve the motion to dismiss on petitioner at his current address.

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Petitioner will be given thirty days from the date of service to file an opposition to the motion to

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dismiss. Failure to file an opposition to the motion to dismiss will be deemed a statement of non-

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opposition and may result in this action being dismissed without prejudice.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen days of the date of this order respondent shall reserve the motion to

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dismiss on petition at his current address.
2. Petitioner shall file an opposition or statement of non-opposition within thirty days of
the date of service of the motion to dismiss.
Dated: December 4, 2018

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DLB:12
DLB1/prisoner-habeas/Azev0545.oppo

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