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WHEELWRIGHT v. WOFFORD, 2:13-cv-0787 GGH P. (2014)

Court: District Court, E.D. California Number: infdco20140520725 Visitors: 3
Filed: May 19, 2014
Latest Update: May 19, 2014
Summary: ORDER GREGORY G. HOLLOWS, Magistrate Judge. Petitioner did not file an opposition to respondent's motion to dismiss, but sent two separate oppositions to the offices of the Attorney General, which were forwarded to the court by respondent on February 21, 2014. (ECF No. 22.) Although the oppositions submitted to the court were identical, their exhibits were for the most part different. Accordingly, by order filed March 4, 2014, petitioner was directed to file an opposition containing all of the
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ORDER

GREGORY G. HOLLOWS, Magistrate Judge.

Petitioner did not file an opposition to respondent's motion to dismiss, but sent two separate oppositions to the offices of the Attorney General, which were forwarded to the court by respondent on February 21, 2014. (ECF No. 22.) Although the oppositions submitted to the court were identical, their exhibits were for the most part different. Accordingly, by order filed March 4, 2014, petitioner was directed to file an opposition containing all of the exhibits he wished to include. Petitioner received an extension of time in which to file this opposition on April 4, 2014; however, the deadline has passed and he has not filed said opposition.

Therefore, the court will consider the oppositions submitted by respondent and all of the exhibits attached to both oppositions. Petitioner is warned, however, that all future filings in this case must be mailed directly to this court, and also served on the Attorney General. Future submissions which are only mailed to the Attorney General and not sent to this court for filing will not be considered. Service on the Attorney General alone is not sufficient, and the Attorney General's Office has no duty to forward petitioner's submissions to this court for filing.

Accordingly, IT IS ORDERED that:

1. The Clerk of the Court is directed to docket both Attachments 1 and 2 to docket number 22 as petitioner's "opposition" to respondent's September 13, 2013 motion to dismiss.

2. Respondent may file a reply within fourteen days of this order. The motion will then be taken under submission.

Source:  Leagle

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