BARR v. RYAN, CV-14-08060-PCT-GMS (ESW) WO. (2016)
Court: District Court, D. Arizona
Number: infdco20160115f99
Visitors: 2
Filed: Jan. 13, 2016
Latest Update: Jan. 13, 2016
Summary: ORDER EILEEN S. WILLETT , Magistrate Judge . The Court has reviewed Petitioner's "Notice of Non-Service of Document Upon Petitioner (Re: Docket No. 81)" (Doc. 85). Petitioner states that he did not receive Doc. 81, which is referenced in the Court's December 22, 2015 Order (Doc. 83 at 12, 15). Doc. 81 contains Exhibits B-ZZ to Respondents' Answer (Doc. 34) that Respondents electronically filed in accordance with the Court's December 17, 2014 Order (Doc. 80). The certificate of service in Re
Summary: ORDER EILEEN S. WILLETT , Magistrate Judge . The Court has reviewed Petitioner's "Notice of Non-Service of Document Upon Petitioner (Re: Docket No. 81)" (Doc. 85). Petitioner states that he did not receive Doc. 81, which is referenced in the Court's December 22, 2015 Order (Doc. 83 at 12, 15). Doc. 81 contains Exhibits B-ZZ to Respondents' Answer (Doc. 34) that Respondents electronically filed in accordance with the Court's December 17, 2014 Order (Doc. 80). The certificate of service in Res..
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ORDER
EILEEN S. WILLETT, Magistrate Judge.
The Court has reviewed Petitioner's "Notice of Non-Service of Document Upon Petitioner (Re: Docket No. 81)" (Doc. 85). Petitioner states that he did not receive Doc. 81, which is referenced in the Court's December 22, 2015 Order (Doc. 83 at 12, 15). Doc. 81 contains Exhibits B-ZZ to Respondents' Answer (Doc. 34) that Respondents electronically filed in accordance with the Court's December 17, 2014 Order (Doc. 80). The certificate of service in Respondents' Answer (Doc. 34 at 215) indicates that on April 2, 2015, Respondents served the Answer on Petitioner by mail.
A party cannot request relief from the Court through the filing of a "Notice." See Rules Governing § 2254 Cases, Rule 12 ("The Federal Rules of Civil Procedure, to the extent that they are not inconsistent with any statutory provisions or these rules, may be applied to a proceeding under these rules."); Rule 7(b)(1), Fed. R. Civ. P. ("A request for a court order must be made by motion."). Accordingly,
IT IS ORDERED taking no action on Petitioner's "Notice of Non-Service of Document Upon Petitioner (Re: Docket No. 81)" (Doc. 85).
Source: Leagle
