Medeiros v. Rackley

Filing 22

ORDER Granting Respondent's Request to Withdraw 11 Motion to Dismiss; ORDER to Respond; ORDER Setting Briefing Schedule signed by Magistrate Judge Stanley A. Boone on 04/10/2017. (Flores, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 GAYLE MARIE MEDEIROS, 13 ORDER GRANTING RESPONDENT’S REQUEST TO WITHDRAW MOTION TO DISMISS Petitioner, 11 12 Case No. 1:16-cv-01644-SAB-HC v. RON RACKLEY, ORDER TO RESPOND Respondent. 14 ORDER SETTING BRIEFING SCHEDULE 15 16 Petitioner is state prisoner proceeding pro se with a petition for writ of habeas corpus 17 pursuant to 28 U.S.C. § 2254. 18 On February 1, 2017, Respondent moved to dismiss the petition, arguing that the petition 19 was filed outside the limitations period. (ECF No. 11). Petitioner filed an opposition. (ECF No. 20 12). On April 7, 2017, Respondent filed the instant request to withdraw the motion to dismiss. 21 Respondent intends to reassert the timeliness defense in an answer that addresses the merits of 22 Petitioner’s claims so that the Court may bypass procedural issues to first address the merits. 23 (ECF No. 20). 24 Good cause having been presented to the Court, IT IS HEREBY ORDERED THAT: 25 1. GRANTED; 26 27 28 Respondent’s Request to Withdraw the Motion to Dismiss (ECF No. 20) is 2. Within SIXTY (60) days of the date of service of this order, Respondent SHALL FILE AN ANSWER addressing the merits of the Petition. Any argument by 1 1 Respondent that Petitioner has procedurally defaulted a claim SHALL BE MADE 2 in the ANSWER, but must also address the merits of the claim asserted. 3. 3 Within SIXTY (60) days of the date of service of this order, Respondent SHALL 4 FILE any and all transcripts or other documents necessary for the resolution of the 5 issues presented in the Petition. See Rule 5(c), Rules Governing Section 2254 6 Cases. 4. 7 Petitioner MAY FILE a Traverse within THIRTY (30) days of the date 8 Respondent’s Answer is filed with the Court. If no Traverse is filed, the Petition 9 and Answer are deemed submitted at the expiration of the thirty days. 10 11 12 IT IS SO ORDERED. 13 Dated: April 10, 2017 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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