LUU v. SISTO

Full title: QUOC XOUNG LUU, Petitioner, v. D.K. SISTO, Warden, et al., Respondents

Court: United States District Court, E.D. California

Date published: Nov 10, 2010

No. CIV S-09-0338 MCE EFB P (E.D. Cal. Nov. 10, 2010)

Opinion

No. CIV S-09-0338 MCE EFB P.

November 10, 2010

ORDER

EDMUND BRENNAN, Magistrate Judge

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. On August 17, 2010, respondents filed a motion to dismiss. On September 30, 2010, the court ordered petitioner to file either an opposition or a statement of no opposition to the motion to dismiss. On October 25, 2010, petitioner filed a letter with the court requesting clarification. Petitioner states that he did not receive the August 17, 2010 motion to dismiss and therefore cannot respond to it.

Accordingly, it hereby is ORDERED that:

1. Within fourteen days of the date of this order, respondents shall mail another copy of the motion to dismiss to petitioner at his current address.

2. Within forty days of the date of this order, petitioner shall file an opposition or a statement of no opposition to the motion to dismiss.

DATED: November 10, 2010.