Morales Hernandez vs. Adams

Filing 25

ORDER STRIKING 16 Motion: Response and Traverse a Petition Under P.C. 2933; 4019 U.S. Const. Amend XIV signed by Magistrate Judge William M. Wunderlich on 2/11/2009. (Figueroa, O)

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1 2 3 4 5 6 7 8 9 10 11 12 ANGEL HERNANDEZ 13 14 15 16 17 18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. 2254. On January 20, 2009, Petitioner filed a Motion to "Response and 20 Traverse a Petition." Respondent filed a Motion to Dismiss on February 9, 2009. The appropriate 21 time for Petitioner to file a response or a traverse is after the Respondent files an answer to the 22 petition or a motion to dismiss. As set forth in this Court's Order of December 9, 2008, Petitioner 23 now has 30 days from the date the Motion to Dismiss was filed to file either an Opposition or a 24 Statement of Non-Opposition. (See Doc. #12). The Court notes that, should Petitioner file an 25 Opposition, Petitioner need not include the same documents that he attached to his petition. Because 26 Petitioner's attempt at a traverse is untimely, Petitioner's motion is hereby stricken. 27 IT IS SO ORDERED. 28 U . S . D i s t r ic t C o u r t E. D . C a lifo r n ia UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) Petitioner, ) ) v. ) ) DERRAL ADAMS, Warden ) ) Respondent. ) ____________________________________) 1:08-cv-00254 LJO WMW (HC) ORDER STRIKING PETITIONER'S MOTION TO RESPONSE AND TRAVERSE [Doc. #16] 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U . S . D i s t r ic t C o u r t E. D . C a lifo r n ia Dated: February 11, 2009 mmkd34 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE 2

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