Fernandez v. Curry

Filing 6

ORDER DENYING 3 PETITIONER'S MOTION TO SERVE RESPONDENT. Signed by Judge Maxine M. Chesney on December 5, 2008. (mmcsec, COURT STAFF) (Filed on 12/5/2008)

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA GUADALUPE FERNANDEZ, ) ) Petitioner, ) ) v. ) ) BEN CURRY, Warden, ) ) Respondent. ) ______________________________ ) No. C 07-3727 MMC (PR) ORDER DENYING PETITIONER'S MOTION TO SERVE RESPONDENT (Docket No. 3) On July 19, 2007, petitioner, a California prisoner incarcerated at the Correctional Training Facility, Soledad, and proceeding pro se, filed the above-titled petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. On January 2, 2008, the Court ordered respondent to file an answer showing cause why the petition should not be granted based on petitioner's cognizable claims or, in the alternative, a motion to dismiss on procedural grounds. On March 18, 2008, petitioner filed the instant motion, in which petitioner maintains that, according to the court docket, respondent was not served with the Order to Show Cause. Consequently, petitioner asks the Court to again serve respondent with said order. Contrary to petitioner's assertion, the court docket clearly shows that on January 2, 2008, the Clerk of the Court served respondent by certified mail with a copy of the Order to Show Cause. Further, on April 1, 2008, respondent filed an answer to the petition, and on May 13, 2008, petitioner filed a traverse. Accordingly, petitioner's motion is hereby 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DENIED as moot. This order terminates Docket No. 11. IT IS SO ORDERED. DATED: December 5, 2008 _________________________ MAXINE M. CHESNEY United States District Judge 2

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