(HC) Kizzee v. Matevousian, No. 2:2017cv01238 - Document 9 (E.D. Cal. 2018)
Court Description: ORDER signed by Magistrate Judge Deborah Barnes on 2/15/2018 VACATING 5 the findings and recommendations of 10/10/2017. (Yin, K)
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(HC) Kizzee v. Matevousian Doc. 9 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY G. KIZZEE, 12 Petitioner, 13 14 No. 2:17-cv-1238 DB P v. ORDER ANDRE MATEVOUSIAN, 15 Respondent. 16 Petitioner is a federal inmate proceeding pro se in this action pursuant to 28 U.S.C. § 17 18 2241. On October 10, 2017 the court entered findings and recommendations recommending this 19 action be dismissed for failure to prosecute because petitioner failed to notify the court of his 20 current address. (ECF No. 5.) Petitioner filed objections to the court’s October 10, 2017 findings and recommendations 21 22 (ECF No. 7) and notified the court his mail was returned because he inadvertently entered the 23 wrong inmate register number on his petition (ECF No. 6). He argues this action should not be 24 dismissed because he did receive the court’s order recommending dismissal until after he 25 informed the court of his correct inmate register number. 26 //// 27 //// 28 //// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that that findings and recommendations of 2 October 10, 2017 (ECF No. 5) are VACATED. 3 Dated: February 15, 2018 4 5 6 7 8 9 10 11 DLB:12 DLB1/prisoner-habeas/Kizz1238.obj 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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