Schuster v. Johnson

Filing 126

ORDER RE Petitioner's 125 Notice of Intent to Rely on Petition on File signed by Magistrate Judge Stanley A. Boone on 9/26/2018. (Sant Agata, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARISSA SCHUSTER,
Petitioner,

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v.

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JANEL ESPINOZA, Warden,
Respondent.

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Case No. 1:12-cv-01482-AWI SAB
ORDER RE PETITIONER’S NOTICE OF
INTENT TO RELY ON PETITION ON FILE
(ECF No. 125)

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Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant

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to 28 U.S.C. § 2254. On July 19, 2018, an order was filed requiring Petitioner to either file an

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amended petition or a notice of intent to rely on the petition filed in this matter. On September

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25, 2018, Petitioner filed a notice of intent to rely on the petition filed.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Respondent shall file an answer to the Petition (ECF No. 4) within SIXTY (60)

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days of the date of service of this order. See Rule 4, Rules Governing Section

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2254 Cases; Cluchette v. Rushen, 770 F.2d 1469, 1473-74 (9th Cir. 1985) (court

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has discretion to fix time for filing a response); and

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2.

Petitioner may file a reply within THIRTY (30) days of the date Respondent’s

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answer is filed with the Court; and

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3.

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If no Reply is filed, the petition and answer shall be deemed submitted at the
expiration of the thirty days.

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IT IS SO ORDERED.

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Dated:

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September 26, 2018
UNITED STATES MAGISTRATE JUDGE

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