Wright v. Benson et al

Filing 28

ORDER: Denying without prejudice Motion to Dismiss 25 . Signed on 6/29/15 by Magistrate Judge John Jelderks. (Mailed copy to petitioner) (dsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
Case No. 2:14-cv-02058-JE

JASON ANDREW WRIGHT,
Petitioner,

ORDER

v.
STATE OF OREGON,
Respondent.
JELDERKS, Magistrate Judge.
This 28 U.S.C.

2254 habeas corpus case comes before the

§

court on petitioner's Motion for Dismissal of All Legal Charges
(#25),

Objection

to

Court's

Reconsideration (#26),
Time (#27).

Denying

Petitioner's

Motion

for

and Objection to Granting an Extension of

Petitioner claims that counsel for respondent has not

attempted to confer with him about its Motion to Substitute Party
(#12) and Motion for Extension of Time (#20), and has not served
him with those Motions.
As an initial matter, and as the court has previously advised
petitioner, a party submitting a written motion to the court is
1 - ORDER

required to serve the motion upon every party to the lawsuit.
R. Civ. P. 5(a).
service.

Fed.

Fed.

Such motions must also include a certificate of
R.

Civ.

P.

5(d) (1).

While

petitioner

includes

certificates of service with his Motions, he does not certify that
he served his Motions on counsel for respondent.

As such,

the

Motions are denied without prejudice.
The

court

also

notes

that

although

petitioner

respondent never notified him regarding its Motions,

claims

the record

reveals that respondent did include certificates of service with
its Motion to Substitute Party and Motion for Extension of Time
where counsel certified that she mailed copies of the Motions to
petitioner.
Respondent is requested to note that petitioner is not an
incarcerated individual for purposes of conferral.
IT IS SO ORDERED.
DATED this

iq

day of June, 2015.

~1~

United States Magistrate Judge

2 - ORDER