Chatman v. Cineros

Full title: LARRY ALONZO CHATMAN, Petitioner, v. THERESA CINEROS, Respondent.

Court: United States District Court, Eastern District of California

Date published: Aug 16, 2021

2:21-cv-0570 JAM KJN P (E.D. Cal. Aug. 16, 2021)

Opinion

2:21-cv-0570 JAM KJN P

08-16-2021

LARRY ALONZO CHATMAN, Petitioner, v. THERESA CINEROS, Respondent.

KENDALL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE.

ORDER

KENDALL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE.

Petitioner is proceeding, without counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 20, 2021, respondent filed a motion to dismiss. (ECF No. 12.) Petitioner did not file a response to this motion. However, on August 9, 2021, petitioner filed a notice of change of address containing a new address. (ECF No. 13.)

Respondent properly served the motion to dismiss on petitioner's address of record as of July 20, 2021. However, in an abundance of caution, respondent is ordered to re-serve the motion to dismiss on petitioner at his new address.

Accordingly, IT IS HEREBY ORDERED that:

1. Within five days of the date of this order, respondent shall re-serve petitioner with the motion to dismiss at his new address and file proof of re-service; and

2. Petitioner is granted thirty-five days from the date of this order to file his opposition to the motion to dismiss.