(HC) Scott v. Fox

Filing 64

ORDER signed by Magistrate Judge Kendall J. Newman on 10/10/19 ORDERING that if petitioner has not received the answer by the time he receives this order, he shall notify the court. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL LADONTE SCOTT,

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No. 2: 18-cv-2687 TLN KJN P

Petitioner,
v.

ORDER

ROBERT W. FOX,

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Respondent.

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Petitioner is a state prisoner, proceeding without counsel, with a habeas corpus petition

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pursuant to 28 U.S.C. § 2254. On October 7, 2019, petitioner filed a letter with the court stating

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that respondent’s deadline to file an answer was September 25, 2019. (ECF No. 63.) Petitioner

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alleges that he did not receive respondent’s answer. (Id.) Petitioner signed his letter on October

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1, 2019. (Id.)

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Respondent filed an answer on September 25, 2019. (ECF No. 57.) Respondent provided

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proof of service demonstrating that respondent served the answer on petitioner on September 25,

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2019, at his address of record, i.e., California State Prison-Los Angeles County (“CSP-LAC”).

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(ECF No. 57-1.) California Department of Corrections and Rehabilitation (“CDCR”) records

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also reflect that petitioner is housed at CSP-LAC.

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On September 30, 2019, petitioner filed three pleadings with the court indicating that
petitioner was housed at the California Health Care Facility (“CHCF”) in Stockton. (ECF Nos.
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59, 60, 61.) Petitioner signed these pleadings on September 25, 2019. (ECF Nos. 59, 60, 61.)
Because respondent served petitioner with the answer at petitioner’s address of record, it

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appears likely that petitioner had not yet received the answer when he prepared the letter filed

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October 7, 2019. Accordingly, if petitioner has not received the answer by the time he receives

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the instant order, he shall notify the court.

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Accordingly, IT IS HEREBY ORDERED that if petitioner has not received the answer by

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the time he receives this order, he shall notify the court.

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Dated: October 10, 2019

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Sc2687.ord
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