De La Cerda v. Hedgpeth

Filing 14

ORDER DENYING Petitioner's 9 Notice of Motion for Cause signed by Magistrate Judge Sandra M. Snyder on 9/10/2009. (Figueroa, O)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 15 pursuant to 28 U.S.C. § 2254. On December 5, 2008, the Court issued an Order to Show Cause why 16 the petition should not be dismissed as untimely. (Doc. 5). On December 22, 2008, Petitioner filed 17 a response to the Order to Show Cause in a document that was denominated as a "Notice of Motion 18 for Cause." (Doc. 9). On May 21, 2009, the Court issued Findings and Recommendations to 19 dismiss the petition as untimely. (Doc. 11). In those Findings and Recommendations, the Court 20 expressly took into consideration the arguments raised by Petitioner in his response to the order to 21 show cause. On June 18, 2008, Findings and Recommendations were adopted and judgment was 22 entered. (Docs. 12 & 13). The case is now closed. 23 For the foregoing reasons, the Court HEREBY ORDERS that Petitioner's "Notice of Motion 24 for Cause" (Doc. 9), be DENIED as MOOT. 25 IT IS SO ORDERED. 26 27 28 1 Dated: icido3 September 10, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE AUGUSTIN GUY DE LA CERDA, ) ) Petitioner, ) ) v. ) ) ) ANTHONY HEDGPETH, Warden, ) ) Respondent. ) ____________________________________) 1:08-cv-01836-LJO-BAK-SMS HC ORDER DENYING PETITIONER'S NOTICE OF MOTION FOR CAUSE (Doc. 9)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA