J-Weial v. Lizarraga

Filing 36

ORDER ADDRESSING Petitioner's 35 Request for Clarification signed by Magistrate Judge Sheila K. Oberto on 7/22/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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XAVIER LUMAR J’WEIAL,

CASE NO. 1:16-cv-000044-SKO HC

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Petitioner,
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ORDER ADDRESSING PETITIONER’S
REQUEST FOR CLARIFICATION

v.
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JOE LIZARRAGA, Warden,
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Respondent.

(Doc. 35)

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On April 14, 2016, Respondent filed a motion to dismiss the petition in the above-entitled case.
Doc. 23. Petitioner, a state prisoner proceeding pro se, filed a reply (traverse) on May 9, 2016. Doc. 26.
Following an extension of time, Respondent replied to the traverse on June 28, 2016. Doc. 33.
Petitioner now moves for clarification regarding his filing an additional response. Doc. 35.

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Neither the Rules Governing Section 2254 Cases in the United States District Courts nor the
order setting the briefing schedule in this case (Doc. 5) authorize Petitioner to file an additional brief in
this case. Petitioner has already responded to the motion to dismiss by filing his reply (traverse). No
further briefing is authorized. The Court has taken the petition and motion to dismiss under submission
and will issue its determination in due course.

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Dated:

July 22, 2016

/s/

UNITED STATES MAGISTRATE JUDGE

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Sheila K. Oberto

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