Kelly v. Smith et al

Filing 43

ORDER that the Clerk update petitioner's address to reflect the correct zip code per ECF No. 42 ; request for copies of respondents' answer ECF No. 40 and docket sheet granted; Clerk directed to send answer ECF No. 40 and docket sheet to petitioner (mailed on 03/14/2018); petitioner's reply to ECF No. 40 Answer to Habeas Petition due by 5/13/2018. Signed by Judge Miranda M. Du on 3/14/2018. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOSEPH KELLY,

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Case No. 3:14-cv-00685-MMD-VPC
Petitioner,

ORDER

v.
TIMOTHY FILSON, et al.,
Respondents.
On December 12, 2017, the Court received a notice of change of address from
petitioner. (ECF No. 35.) Petitioner stated that his new address was:
Joseph B. Kelly 94573
Saguaro Correctional Center
1250 East Arica St.
Eloy, Arizona 85231

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Petitioner’s address was updated with the Court accordingly.

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On January 16, 2018, respondents filed their answer to the petition. (ECF No. 40.)

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On February 5, 2018, petitioner filed a notice indicating that he had not received the

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answer, but that he had received the Court’s December 18, 2017, order granting

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respondents an extension of time to answer. (ECF No. 41.) On March 12, 2018, petitioner

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filed a second notice advising the Court of the same. (ECF No. 42.)

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Petitioner’s second notice includes a zip code that differs from that included in his

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change of address and first notice to the Court. The Court takes judicial notice that the

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zip code at Saguaro Correctional Center is 85131. It is therefore ordered that the Clerk of

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Court update petitioner’s address to reflect the correct zip code.

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Petitioner requests a copy of the docket sheet in this matter, as well as a copy of

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the respondents’ answer. The request is granted. The Clerk of Court will send petitioner

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a copy of the docket sheet in this action, along with a copy of the respondents’ answer

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filed on January 16, 2018 (ECF No. 40).

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In light of petitioner’s assertion that he did not timely receive respondents’ answer,

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the Court hereby resets the deadline for petitioner to file a reply. It is therefore ordered

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that petitioner must file any reply to the answer within sixty (60) days of the date of this

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order.

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DATED THIS 14th day of March 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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