Hickman v. Hedgepeth

Filing 33

ORDER DIRECTING Respondent to File no Later than Thirty Days after the Service of this Order Opposition or Notice of Non-Opposition to Petitioner's 32 Supplemental Traverse and Supplemental Motion for Evidentiary Hearing; ORDER PERMITTING Petitioner to File a Reply no Later than Thirty (30) Days after the Date of Service of any Opposition signed by Magistrate Judge Sheila K. Oberto on 12/16/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 MICHAEL D. HICKMAN,

Case No. 1:12-cv-00547-LJO-SKO-HC

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ORDER DIRECTING RESPONDENT TO FILE
NO LATER THAN THIRTY DAYS AFTER THE
DATE OF SERVICE OF THIS ORDER
OPPOSITION OR NOTICE OF NONOPPOSITION TO PETITIONER’S
SUPPLEMENTAL TRAVERSE AND
SUPPLEMENTAL MOTION FOR AN
EVIDENTIARY HEARING (DOC. 32)

Petitioner,

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v.

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ANTHONY HEDGEPETH, Warden,
Respondent.

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ORDER PERMITTING PETITIONER TO FILE
A REPLY NO LATER THAN THIRTY (30)
DAYS AFTER THE DATE OF SERVICE OF
ANY OPPOSITION

Petitioner 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 that was filed on April 9, 2012, and which Respondent
answered on July 25, 2012.

The matter has been referred to the

Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules
302 and 303.
Petitioner filed his traverse on November 20, 2012, and a
supplement less than a week later.

Without seeking leave of Court,

Petitioner filed on December 9, 2013, what appears to be a
supplement to Petitioner’s traverse as well as a renewed request for
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1 an evidentiary hearing.

Respondent should have an opportunity to

2 review the supplemental submissions and respond by way of
3 opposition, notice of non-opposition, or other appropriate
4 procedure.

Petitioner should have an opportunity to reply to any

5 opposition filed by Respondent.
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Accordingly, it is ORDERED that:

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1) Respondent shall FILE no later than thirty (30) days after

8 the date of service of this order opposition or notice of non9 opposition to Petitioner’s supplemental submissions; and
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2) Petitioner may FILE a reply no later than thirty (30) days

11 after the date of service of any opposition.
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14 IT IS SO ORDERED.
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Dated:

December 16, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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