Mason v. Povey
Filing
19
ORDER GRANTING 18 Respondent's Request to Withdraw Motion to Dismiss and GRANTING Extension of Time to and Including February 1, 2009 to File Answer to Petition; 13 is WITHDRAWN and STRICKEN from the record, signed by Magistrate Judge Dennis L. Beck on 01/5/2009. (Answer to Petition due by 2/1/2009)(Martin, S)
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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 JOHN POVEY, Director 13 Respondent. 14 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. 17 Petitioner filed the instant petition for writ of habeas corpus on February 4, 2008. (Court 18 Doc. 1.) On October 15, 2008, Respondent filed a motion to dismiss the petition as untimely. 19 (Court Doc. 13.) Petitioner filed an opposition on December 1, 2008. (Court Doc. 16.) 20 On December 12, 2008, the Court issued an order directing Respondent to address the 21 applicability of the mailbox rule to the determination of whether the petition is timely. (Court 22 Doc. 17.) On December 31, 2008, Respondent filed a response requesting to withdraw the 23 motion to dismiss because applying the mailbox rule to the state court filings renders the instant 24 petition timely. (Court Doc. 18.) Respondent requests to and including February 1, 2009, to file 25 an answer addressing the merits of the petition. (Id.) 26 Accordingly, it is HEREBY ORDERED that: 27 1. 28 1 Respondent's motion to dismiss filed on October 15, 2008 (Court Doc. 13), is / [Doc. 18] v. GLENN MASON, Petitioner, 1:08-cv-00954-LJO-DLB (HC) ORDER GRANTING RESPONDENT'S REQUEST TO WITHDRAW MOTION TO DISMISS AND GRANTING EXTENSION OF TIME TO AND INCLUDING FEBRUARY 1, 2009 TO FILE ANSWER TO PETITION
UNITED STATES DISTRICT COURT
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 2.
WITHDRAWN and STRICKEN from the record; and Respondent is granted to and including February 1, 2009, to file an answer to the instant petition.
IT IS SO ORDERED. Dated: 3b142a
January 5, 2009
/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE
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