Kizzie v. Matevousian
Filing
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ORDER signed by Magistrate Judge Deborah Barnes on 2/15/2018 VACATING 5 the findings and recommendations of 10/10/2017. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ANTHONY G. KIZZEE,
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Petitioner,
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No. 2:17-cv-1238 DB P
v.
ORDER
ANDRE MATEVOUSIAN,
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Respondent.
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Petitioner is a federal inmate proceeding pro se in this action pursuant to 28 U.S.C. §
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2241. On October 10, 2017 the court entered findings and recommendations recommending this
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action be dismissed for failure to prosecute because petitioner failed to notify the court of his
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current address. (ECF No. 5.)
Petitioner filed objections to the court’s October 10, 2017 findings and recommendations
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(ECF No. 7) and notified the court his mail was returned because he inadvertently entered the
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wrong inmate register number on his petition (ECF No. 6). He argues this action should not be
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dismissed because he did receive the court’s order recommending dismissal until after he
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informed the court of his correct inmate register number.
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Accordingly, IT IS HEREBY ORDERED that that findings and recommendations of
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October 10, 2017 (ECF No. 5) are VACATED.
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Dated: February 15, 2018
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DLB:12
DLB1/prisoner-habeas/Kizz1238.obj
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