Kimbro v. Warden at High Desert State Prison

Filing 27

ORDER DENYING AS MOOT 10 Respondent's Motion to Dismiss, In Light of the September 4, 2009, Order; ORDER DIRECTING Respondent to File an Amended Motion Within Twenty (20) Days; ORDER CLASSIFYING Document 16 as an Opposition and Not as a Motion, signed by Chief Judge Anthony W. Ishii on 9/16/2009. Respondent's Amended Motion due by 10/7/2009. (Jessen, A)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Plaintiff is a state prisoner proceeding pro se with a petition for writ of habeas corpus 20 pursuant to 28 U.S.C. § 2254. 21 On January 8, 2009, Respondent filed a motion to dismiss, which is Document 10 in the 22 Court's docket. On the February 26, 2009, Petition filed an opposition, which is Document 16 23 on the Court's docket. Although Document 16 is an opposition and not a motion, that document 24 is appearing as a motion in the Court's records. 25 On September 4, 2009, the Magistrate Judge ordered the Respondent to file an amended 26 motion to dismiss, but did not set a date for filing the motion to dismiss. See Court's Docket 27 Doc. No. 26. In light of the order to file an amended motion to dismiss, the original motion to 28 ) ) Petition, ) ) v. ) ) ) WARDEN AT HIGH DESERT STATE ) PRISON, ) ) Respondent. ) ____________________________________) RICHARD KIMBRO, 1:08-cv-1509 AWI YNP (DLB) (HC) ORDER ON SETTING DATE TO FILE AMENDED MOTION TO DISMISS, DENYING CURRENT MOTION TO DISMISS, and ADMINISTRATIVE ORDER (Document Nos. 10, 16) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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dismiss (Document 10) is now moot. However, since Respondent has yet to file the amended motion to dismiss, it is necessary to set a deadline.

Accordingly, IT IS HEREBY ORDERED that: 1. Respondent's motion to dismiss (Document 10) is DENIED as moot in light of the September 4, 2009, order by the Magistrate Judge; 2. Respondent is to file an amended motion that complies with the September 4, 2009 order within twenty (20) days of service of this order; and 3. For administrative purposes, Document No. 16 is to be classified as an OPPOSITION and not as a motion to which further Court action is required.

IT IS SO ORDERED. Dated: 0m8i78 September 16, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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