Cuero Cuero v. Stone

Filing 7

ORDER re 5 MOTION to Dismiss. 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 9, 2022, to file a response. Signed by Magistrate Judge Brian K. Epps on 11/18/22. (loh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA DUBLIN DIVISION GUILLERMO CUERO CUERO, Petitioner, v. WARDEN, USP ATLANTA, Respondent. 1 ) ) ) ) ) ) ) ) ) _________ CV 322-152 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 9, 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 18th 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).

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