Antonetti v. Neven et al

Filing 38

ORDER that Respondents shall file and serve an updated certificate of service reflecting proper service of the motion to dismiss and Exhibit 102 within 5 judicial days from entry of this order. Petitioner shall have 30 days from such service to file a response to the motion to dismiss. Signed by Judge Philip M. Pro on 5/3/2011. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JOSEPH ANTONETTI,

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Petitioner,

2:09-cv-001323-PMP-GWF

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vs.

ORDER

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DWIGHT NEVEN, et al.,
Respondents.

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In this pro se habeas matter under 28 U.S.C. § 2254, Petitioner has filed a notice (#37)

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reflecting that he received a copy of a Klingele notice but did not receive a service copy of the

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motion to dismiss and a transcript directed by a prior order. Review of the certificate of

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service on the motion to dismiss reflects service on an attorney who is not counsel in these

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proceedings. Accordingly,

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IT IS ORDERED that, within five (5) judicial days from entry of this order, Respondents’

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counsel shall file and serve an updated certificate of service reflecting proper service of the

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motion to dismiss and Exhibit 102 upon Petitioner. Petitioner shall have thirty (30) days from

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such service to file a response to the motion to dismiss.

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DATED: May 3, 2011.

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PHILIP M. PRO
United States District Judge