Whitaker v. Laughlin

Filing 11

ORDER resetting Petitioner's fourteen-day deadline to file a response to Respondent's 6 MOTION to Dismiss petition as untimely filed by Timothy C. Ward. (Compliance due by 9/23/2021). Signed by Magistrate Judge Brian K. Epps on 9/9/21. (wwp)

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Case 1:21-cv-00092-JRH-BKE Document 11 Filed 09/09/21 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION ) ) ) Petitioner, ) ) v. ) ) TIMOTHY C. WARD, Commissioner, ) Georgia Department of Corrections, ) ) Respondent. ) ) _________ JERMAINE ANDRA WHITAKER CV 121-092 ORDER __________ Petitioner, an inmate at Wheeler Correctional Facility in Alamo, Georgia, brings the above-styled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the $5.00 filing fee. On August 5, 2021, Respondent filed a motion to dismiss, to which Petitioner has yet to respond. (Doc. no. 6.) On August 25, 2021, the Court ordered Petitioner to file a response to the motion to dismiss within fourteen days. (Doc. no. 9.) However, although the Clerk mailed Petitioner the Order on August 25, 2021, the Post Office returned the mailing as undeliverable on September 7, 2021. (Doc. no. 10.) The Court DIRECTS the CLERK to serve the Order, (doc. no. 9), upon Petitioner again at the following address: Jermaine Andra Whitaker GDC # 918245 Wheeler Correctional Facility P.O. Box 466 195 North Broad Street Alamo, GA 30411 Case 1:21-cv-00092-JRH-BKE Document 11 Filed 09/09/21 Page 2 of 2 The Court resets Petitioner’s fourteen-day deadline to file a response to Respondent’s motion to dismiss, (doc. no. 6), and Petitioner shall have through and including September 23, 2021 to file a response. SO ORDERED this 9th day of September, 2021, at Augusta, Georgia. 2

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