Alexander v. Schleder et al

Filing 21

ORDER Deeming Motion 16 to be a Traverse; ORDER DENYING Request Concerning Traverse 15 AS MOOT, signed by Magistrate Judge Sheila K. Oberto on 06/20/2010. (Martin, S)

1 2 3 4 5 6 7 8 9 10 TONY B. ALEXANDER, 11 Petitioner, 12 13 14 15 Respondent. 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Pursuant to the parties' consent, the matter has been referred to the Magistrate Judge for all proceedings, including the entry of final judgment, pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73(b), and Local Rule 301. On March 8, 2010, Petitioner filed a document (Doc. 16) entitled, "Motion Pursuant Traverse For the order concerning 28 U.S.C. section 2241 In Violation of Plaintiff Procedural Due Process and Fifth Amendment rights," in which Petitioner responded to the answer previously filed by Respondent. 1 In order v. SCOTT SCHLEDER, Southeast Regional DHO, ) ) ) ) ) ) ) ) ) ) ) ) ) 1:09-cv--00434-SKO-HC ORDER DEEMING MOTION (DOC. 16) TO BE A TRAVERSE ORDER DENYING REQUEST CONCERNING TRAVERSE (DOC. 15) AS MOOT

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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to maintain an accurate docket, the Court DEEMS Petitioner's motion to be Petitioner's traverse to Respondent's answer to the petition. Further, Petitioner's request (Doc. 15), entitled as an emergency motion concerning Petitioner's traverse and filed on February 17, 2010, is DENIED as moot because Petitioner's traverse has been located and has been filed.

IT IS SO ORDERED. Dated: ie14hj June 20, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE

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