Bozeman v. Ives
Filing
20
ORDER signed by Magistrate Judge Timothy J. Bommer on 6/6/11 ORDERING that Respondent respond to Petitioner's 19 request within seven (7) days of the date of this order by either: showing cause that the service of Attachments 6 and 7 to Petitioner has in fact been made; or serve Attachments 6 and 7 on Petitioner so as to be in compliance with Local Rule 135(b) and file a certificate of service.(Duong, D)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
JIMMY LEE BOZEMAN, II,
11
12
13
Petitioner,
2: 10 - cv - 1883 - MCE TJB
vs.
RICHARD B. IVES, Warden,
FCI - Herlong
14
15
16
Respondent.
ORDER
________________________________/
17
Petitioner, Jimmy Lee Bozeman, II, a federal prisoner, is proceeding pro se with a
18
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Respondent filed an answer to
19
the petition on September 9, 2010. Respondent cited to several attachments in his answer.
20
Attached to Respondent’s answer was a certificate of service which declared that Respondent’s
21
answer, including exhibits, had been served on Petitioner by mail. However, Attachment 6 -
22
Administrative Remedy Record and Attachment 7- Administrative Remedy Generalized
23
Retrieval were not included as exhibits to Respondent’s answer that was filed in this Court.
24
Therefore, on May 16, 2011, Respondent was ordered to file Attachments 6 and 7 as referenced
25
and cited to in his answer. Respondent complied with the May 16, 2011 order by filing
26
Attachments 6 and 7 on May 23, 2011, however no corresponding certificate of service was
1
1
2
attached.
On a document filed on May 31, 2011 but dated May 25, 2011, Petitioner requested
3
copies of Attachments 6 and 7 stating that he had yet to receive a copy of these documents. It
4
light of Respondent’s failure to include Attachments 6 and 7 in his copy of his answer filed in
5
court, as well as Respondent’s failure to include a certificate of service with respect to the filing
6
of Attachments 6 and 7 on May 23, 2011, it is unclear whether Petitioner has in fact ever been
7
served with Attachments 6 and 7.
8
Accordingly, IT IS HEREBY ORDERED that:
9
1.
Respondent respond to Petitioner’s request within seven (7) days of the date of
10
this order by either: (1) showing cause that the service of Attachments 6 and 7 to
11
Petitioner has in fact been made; or (2) serve Attachments 6 and 7 on Petitioner so
12
as to be in compliance with Local Rule 135(b) and file a certificate of service.
13
DATED: June 6, 2011
14
15
16
TIMOTHY J BOMMER
UNITED STATES MAGISTRATE JUDGE
17
18
19
20
21
22
23
24
25
26
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
