Franco v. Adler

Filing 34

ORDER For Respondent to Re-Submit Motion to Dismiss; ORDER To Terminate Motion to Dismiss 21 (Docs. 21-27), signed by Magistrate Judge Michael J. Seng on 7/16/10: Respondent to re-submit his motion to dismiss within fifteen (15) days of service of this order; and Petitioner is granted thirty (30) days from the date of re-service of Respondent's motion in which to file a response. (Hellings, J)

(HC) Franco v. Adler

Doc. 34

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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

CARLOS FRANCO,

) ) Petitioner, ) ) v. ) ) ) NEIL H. ADLER, Warden, ) ) ) Respondent. ) ________________________________)

1:09-cv-00325 OWW MJS HC ORDER FOR RESPONDENT TO RESUBMIT MOTION TO DISMISS ORDER TO TERMINATE MOTION TO DISMISS [Docs. 21-27]

Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On December 21, 2009, Respondent filed a motion to dismiss with five exhibits. However, each of the five "exhibits" submitted through the Court's electronic case file system is merely a duplicate of the motion to dismiss itself. (See ECF Nos. 22-26.) Respondent is ordered to re-submit and r-serve the motion to dismiss, with copies of the actual exhibits attached, within fifteen (15) days of this order. Petitioner shall have thirty (30) days from the date of re-service of Respondent's motion in which to file a response. Accordingly, it is hereby ORDERED that 1) Respondent's motion to dismiss be terminated [Doc. 21]; 2) Respondent re-submit his motion to dismiss within fifteen (15) days of service of this order; and -1Dockets.Justia.com

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3) Petitioner is granted thirty (30) days from the date of re- service of Respondent's motion in which to file a response.

IT IS SO ORDERED. Dated: ci4d6 July 16, 2010 /s/ UNITED STATES MAGISTRATE JUDGE

Michael J. Seng

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