Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MINH KHA HOANG PHAN, No. 2:21-cv-2219 TLN CKD P Petitioner, v. ORDER AND P. CAVELLO, FINDINGS AND RECOMMENDATIONS Respondent. 16 On March 14, 2022, respondent timely-filed a motion to dismiss petitioner’s petition for a writ of habeas corpus. Apparently petitioner never received the motion which resulted in petitioner filing what the court construes as a motion for entry of default judgment on April 31, 2022. Good cause appearing, the court will order respondent to re-serve the motion to dismiss. Petitioner will be given additional time to respond and then respondent will be given additional time to file a reply. The court will recommend that petitioner’s motion for default be denied. Accordingly, IT IS HEREBY ORDERED that: 1. Respondent shall re-serve on petitioner the motion to dismiss originally filed March 14, 2022 within 7 days. Petitioner’s opposition, or statement of…