Thomas v. Anderson et al

Filing 18

ORDER DENYING Petitioner's 15 Motion for Judgment on Merits signed by Magistrate Judge Sandra M. Snyder on 12/6/2010. (Sant Agata, S)

(HC) Thomas v. Anderson et al

Doc. 18

1 2 3 4 5 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 10 11 K. ALLISON, Warden 12 Respondent. 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. 16 This case is ready for review on the merits, as Respondent filed an answer to the petition 17 on October 28, 2010, and Petitioner filed a traverse on November 23, 2010. 18 On September 24, 2010, Petitioner filed a motion for judgment on the merits. Petitioner 19 argues that because Respondent filed a motion for an extension of time to file an answer, 20 Respondent has failed to comply with this Court's order to respond. Contrary to Petitioner's 21 claim, Respondent's counsel timely filed a motion for an extension of time and set forth good 22 cause to extend the time to respond. As previously stated, Respondent filed a timely answer to 23 the petition on October 28, 2010, and the Court will issue a ruling in due course. Based on the 24 foregoing, Petitioner's motion for judgment on the merits is DENIED. 25 IT IS SO ORDERED. 26 27 28 1
Dockets.Justia.com

U N IT E D STATES DISTRICT COURT

JOSH THOMAS, Petitioner, v.

1:10-cv-01005-OWW-SMS (HC) ORDER DENYING PETITIONER'S MOTION FOR JUDGMENT ON MERITS [Doc. 15]

/

Dated: icido3

December 6, 2010

/s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE