Murillo v. Soto

Filing 28

ORDER GRANTING 27 Respondent's Request to Withdraw Motion to Dismiss 22 and ORDER Directing Respondent to File a Response to the Petition Within Thirty (30) Days signed by Magistrate Judge Michael J. Seng on 4/30/2014. (Jessen, A)

1
2
3
4
5
6
7
8
9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

11
12
Case No. 1:13-cv-01541 LJO MJS (HC)

13
14

JOSE ANTONIO MURILLO,

15
16

ORDER GRANTING RESPONDENT’S
REQUEST TO WITHDRAW MOTION TO
Petitioner, DISMISS

v.

(Docs. 22, 27)
ORDER DIRECTING RESPONDENT TO
FILE A RESPONSE WITHIN THIRTY (30)
DAYS

17
18
19

J. SOTO, Warden,
Respondent.

20
21
22
23
24
25
26
27
28

Petitioner is a state prisoner proceeding with a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2254.
On January 28, 2014, Respondent filed a motion to dismiss the petition. (Mot. To
Dismiss, ECF No. 22.) On April 8, 2014, Respondent filed a request to withdraw the
motion to dismiss. (Request, ECF No. 27.) The Court hereby GRANTS the request.
Respondent shall file a response to the petition within thirty (30) days of service of
this order. The response shall otherwise comply with the instructions provided in the

1

1

Court’s scheduling order issued October 3, 2013. (Order, ECF No. 10.)

2
3
4
5

IT IS SO ORDERED.
Dated:

April 30, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2