Sanchez-Leyva v. Stone

Filing 11

ORDERED that the Court DIRECTS Respondent's counsel to re-serve the motion to dismiss on Petitioner at his new address. Petitioner shall have through and including December 8, 2022, to file a response. Signed by Magistrate Judge Brian K. Epps on 11/17/22. (loh)

Download PDF
Case 3:22-cv-00121-DHB-BKE Document 11 Filed 11/17/22 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA DUBLIN DIVISION GERARDO ANTONIO SANCHEZ-LEYVA, ) ) Petitioner, ) ) v. ) ) WARDEN, FCI FORT DIX, ) ) ) Respondent. 1 _________ CV 322-121 ORDER _________ Based on Respondent’s recent notice of Petitioner’s address change following closure of McRae Correctional Facility, and out of an abundance of caution, the Court DIRECTS Respondent’s counsel to re-serve the motion to dismiss on Petitioner at his new address. Petitioner shall have through and including December 8, 2022, to file a response. Thereafter, the Court will rule on the motion, and if Petitioner fails to respond, the Court will deem the motion unopposed. See Loc. R. 7.5. SO ORDERED this 17th day of November, 2022, at Augusta, Georgia. 1 The Court DIRECTS the CLERK, to update the docket in accordance with the above caption to reflect the warden at Petitioner’s current prison as the Respondent. See Rumsfeld v. Padilla, 542 U.S. 426, 434-35 (2004) (explaining proper respondent in § 2241 case is warden of institution where the petitioner is confined).

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?