Garcia v. California Department of Corrections et al

Filing 20

ORDER Deeming Petitioner's Traverse 19 to be an Opposition to Respondent's Motion to Dismiss; ORDER Permitting Respondent to file a Reply no later than seven (7) Days after the date of service of this order, signed by Magistrate Judge Sheila K. Oberto on 06/02/2010.( Response due by 6/14/2010) (Martin, S)

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UNITED STATES DISTRICT COURT
7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 v. 13 14 15 Respondents. 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter has been referred to the Magistrate CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., GUILLERMO GARCIA, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:09-cv--1648-AWI-SKO-HC ORDER DEEMING PETITIONER'S TRAVERSE (DOC. 19) TO BE AN OPPOSITION TO RESPONDENT'S MOTION TO DISMISS ORDER PERMITTING RESPONDENT TO FILE A REPLY NO LATER THAN SEVEN (7) DAYS AFTER THE DATE OF SERVICE OF THIS ORDER

Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 304. On May 27, 2010, Petitioner filed a document entitled as a traverse (doc. 19), but which addresses the motion to dismiss filed by Respondent on March 4, 2010. The Court therefore DEEMS

the traverse to be an opposition to the Respondent's motion to dismiss. Respondent MAY FILE a reply to the opposition no later than 1

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seven (7) days after the date of service of this order.

IT IS SO ORDERED. Dated: ie14hj June 2, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE

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