Schuster v. Johnson

Filing 16

ORDER VACATING Hearing Date Set for Motion to Dismiss signed by Magistrate Judge Dennis L. Beck on 12/17/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LARISSA SCHUSTER,

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Petitioner,
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vs.
DEBORAH K. JOHNSON,
Respondent.

) Case No.:12-cv-01482-AWI-DLB (HC)
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) ORDER VACATING HEARING DATE SET
) FOR MOTION TO DISMISS
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Petitioner is proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. §
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2254. Petitioner is represented by Roger Nuttall, Esq.
On December 14, 2012, Respondent filed a motion to dismiss the petition as untimely
under 28 U.S.C. § 2244(d). Respondent’s counsel set the motion for hearing before the
undersigned on March 1, 2013 at 9:00a.m.
Because this Court’s order of October 16, 2012, advised that “[a]ll motions shall be

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submitted on the record and briefs filed without oral argument unless otherwise ordered by the

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Court,” the Court will hereby vacate the hearing date, and after the expiration of the time for

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filing an opposition and reply, the Court will either take the matter under submission or set a

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hearing date, if necessary.

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Accordingly, it is HEREBY ORDERED that the hearing date set for March 1, 2013, at
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9:00 a.m. before the undersigned is VACATED.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

December 17, 2012

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

ah0l4d

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