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Bowman v. Schwarzenegger

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 29, 2009

GARY STEVEN BOWMAN, PETITIONER,
v.
ARNOLD SCHWARZENEGGER, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

By order filed May 6, 2009, this action was construed as a petition for writ of habeas corpus and petitioner was granted thirty days to file a habeas corpus petition. Thirty days passed and petitioner did not file a habeas corpus petition. Accordingly, on August 20, 2009, the court recommended that this action be dismissed.

On September 17, 2009, petitioner filed objections to the findings and recommendations. Petitioner states that he did not receive the May 6, 2009, order because he was homeless at the time it was filed.

Good cause appearing, the August 20, 2009, findings and recommendations are vacated. The court will direct the Clerk to re-serve petitioner with the May 6, 2009, order.

Accordingly, IT IS HEREBY ORDERED that:

1. The August 20, 2009, findings and recommendations (no. 15) are vacated;

2. The Clerk of the Court is directed to re-serve petitioner with the May 6, 2009, order (no. 14);

3. Petitioner is granted thirty days from the date of this order to file a habeas corpus petition.

20090929

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