Walker v. Uribe

Filing 34

ORDER Permitting Respondent to File a Reply to 33 Petitioner's Amended Opposition no Later than Twenty Days after Service of this Order; ORDER Permitting Petitioner to File a Sur-Reply no Later than Twenty Days After Service of a Reply signed by Magistrate Judge Sheila K. Oberto on 10/03/2012. Reply due by 10/29/2012.(Flores, E)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
10

MICHAEL E. WALKER, II,

11

Petitioner,

12
v.
13
DOMINGO URIBE, JR., Warden,
14
Respondent.
15

)
)
)
)
)
)
)
)
)
)
)
)

1:11-00585-AWI-SKO-HC
ORDER PERMITTING RESPONDENT TO
FILE A REPLY TO PETITIONER’S
AMENDED OPPOSITION (DOC. 33) NO
LATER THAN TWENTY (20) DAYS AFTER
SERVICE OF THIS ORDER
ORDER PERMITTING PETITIONER TO
FILE A SUR-REPLY NO LATER THAN
TWENTY (20) DAYS AFTER SERVICE OF
A REPLY

16
17

Petitioner is a state prisoner proceeding pro se with a

18

petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

19

The matter has been referred to the Magistrate Judge pursuant to

20

28 U.S.C. § 636(b)(1) and Local Rules 302 through 304.

21

Pending before the Court is Respondent’s motion to dismiss.

22

Petitioner has filed an amended opposition to the motion without

23

leave of Court or a request for such leave.

24

consider Petitioner’s amended opposition despite Petitioner’s

25

failure to obtain leave to file amended opposition.

The Court will

26

Respondent may FILE a reply to the amended opposition no

27

later than twenty (20) days after the date of service of this

28

order.
1

1

Petitioner may FILE a sur-reply to any reply filed by

2

Respondent no later than twenty (20) days after the date of

3

service of any reply by Respondent.

4

Thereafter, absent further order of the Court, the matter

5

will be deemed submitted for preparation of findings and

6

recommendations on the merits of the motion to dismiss.

7
8

IT IS SO ORDERED.

9

Dated:
ie14hj

October 3, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2