Aguilera v. Frauenheim, 2:19-cv-1615 MCE KJN P. (2019)
Court: District Court, E.D. California
Number: infdco20191105965
Visitors: 6
Filed: Nov. 04, 2019
Latest Update: Nov. 04, 2019
Summary: ORDER KENDALL J. NEWMAN , Magistrate Judge . Petitioner is a state prisoner, proceeding pro se, with a petition for writ of habeas corpus under 28 U.S.C. 2254. On October 11, 2019, respondent filed a motion to dismiss. However, the proof of service appended to the motion reflects that respondent incorrectly identified petitioner's California Department of Corrections ("CDCR") number. Respondent is directed to re-serve a copy of the motion on petitioner using his correct CDCR identificati
Summary: ORDER KENDALL J. NEWMAN , Magistrate Judge . Petitioner is a state prisoner, proceeding pro se, with a petition for writ of habeas corpus under 28 U.S.C. 2254. On October 11, 2019, respondent filed a motion to dismiss. However, the proof of service appended to the motion reflects that respondent incorrectly identified petitioner's California Department of Corrections ("CDCR") number. Respondent is directed to re-serve a copy of the motion on petitioner using his correct CDCR identificatio..
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ORDER
KENDALL J. NEWMAN, Magistrate Judge.
Petitioner is a state prisoner, proceeding pro se, with a petition for writ of habeas corpus under 28 U.S.C. § 2254. On October 11, 2019, respondent filed a motion to dismiss. However, the proof of service appended to the motion reflects that respondent incorrectly identified petitioner's California Department of Corrections ("CDCR") number. Respondent is directed to re-serve a copy of the motion on petitioner using his correct CDCR identification number, AX-9172.1 In light of such re-service, petitioner's opposition shall be filed and served within thirty days after re-service of the motion. (See ECF No. 4 at 2.) Respondent's reply, if any, shall be filed and served within fourteen days thereafter.
Accordingly, IT IS HEREBY ORDERED that within seven days from the date of this order, respondent shall re-serve on petitioner a copy of the motion to dismiss (ECF No. 10) using petitioner's correct CDCR identification number.
FootNotes
1. The docket reflects that respondent re-served the form filed October 7, 2019 (ECF No. 8), but did not indicate the motion to dismiss had been re-served. (ECF No. 12.)
Source: Leagle
