Johnson v. Swarthout et al

Filing 41

ORDER FOR RESPONDENT TO MAIL ANSWER TO PETITIONER AT CURRENT ADDRESS AND GRANTING PETITIONER 39 EXTENSION OF TIME TO FILE TRAVERSE. Signed by Judge Claudia Wilken on 11/27/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 11/27/2013)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 PAUL SAMUEL JOHNSON, 8 9 United States District Court For the Northern District of California 10 11 12 No. C 11-6688 CW (PR) Petitioner, ORDER FOR RESPONDENT TO MAIL ANSWER TO PETITIONER AT CURRENT ADDRESS AND GRANTING PETITIONER EXTENSION OF TIME TO FILE TRAVERSE v. STEVE FREITAS, SONOMA COUNTY SHERIFF, Respondent. ________________________________/ Doc. no. 39 13 14 On December 8, 2011, Petitioner Paul Samuel Johnson filed 15 this pro se petition for a writ of habeas corpus based on an 16 incident that occurred when he was incarcerated. 17 2013, the Court directed Respondent to file an answer to the 18 petition. 19 answer and response to the petition.1 20 November 4, 2013, Petitioner filed a letter with the Court 21 indicating that he was transferred back to Sonoma County and has 22 not received Respondent’s answer. 23 this case shows that, since Petitioner filed this petition, his 24 address has changed several times. See Doc. No. 28. On April 5, On June 3, 2013, Respondent filed his See Doc. No. 32. See Doc. No. 39. On The docket of Petitioner’s address is now: 25 26 27 28 1 In accordance with Habeas Rule 2(a) and Rule 25(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court is directed to substitute Sheriff Steve Freitas as Respondent because he is Petitioner's current custodian. 1 F41309; M.A.D.F.; 2777 Ventura Avenue, Santa Rosa, California, 2 95403. 3 Morgan Street. 4 the answer. 5 Respondent mailed his answer to a different address at 600 This may explain why Petitioner did not receive In the interests of justice, Respondent is ordered to mail 6 his answer with all the supporting documents to Petitioner at his 7 current address. 8 documents on the Court’s electronic filing system. 9 Respondent shall note the mailing of these Petitioner’s traverse was due on November 4, 2013. See Doc. United States District Court For the Northern District of California 10 No. 35. 11 due twenty-eight days from the day he is served with Respondent’s 12 answer. 13 14 15 That date is now vacated. Petitioner’s traverse is now The Clerk is directed to substitute Sheriff Steve Freitas as Respondent. IT IS SO ORDERED. 16 17 18 Dated: 11/27/2013 CLAUDIA WILKEN United States District Judge 19 20 21 22 23 24 25 26 27 28 2

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