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Valencia-Hernandez v. United States

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


September 30, 2009

ELIAS VALENCIA-HERNANDEZ, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER DENYING PETITIONER'S SECTION 2255 PETITION AND DIRECTING CLERK TO CLOSE THE CASE

The court's docket indicates that on September 11, 2009, the court attempted to serve Petitioner Elias Valencia-Hernandez ("Petitioner") with two court orders (Doc. No. 198), which denied Petitioner's Section 2255 petition for being untimely and ordered him to show cause as to why his petition should not be dismissed as barred under the one year statute of limitation, and (Doc. No. 197), which denied Petitioner's request to transfer to a different correctional facility. The court's orders were mailed to Petitioner's last known address*fn1 and were returned as undeliverable. See Court Docket Entry No. 199. The court is unable to serve Petitioner with the court's orders because the court is not aware of Petitioner's current whereabouts.

Accordingly, Petitioner's Section 2255 petition will be denied subject to reopening upon an adequate showing of cause.

ORDER

For the reasons set forth above, this court orders the following:

1. Petitioner's Section 2255 petition is dismissed;

2. Clerk of the Court is ordered to close this case.

IT IS SO ORDERED.


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