Peterson v. Lizarraga

Filing 21

ORDER GRANTING Petitioner's 20 Motion to Strike ;ORDER STRIKING Petitioner's Notice of Failure to Respond by the California Attorney General 19 , signed by Magistrate Judge Sheila K. Oberto on 12/12/17. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD ANTHONY PETERSON,

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Petitioner,
v.
JOE LIZARRAGA, Warden of MCSP,
Respondent.

Case No. 1:17-CV-01537-SKO HC
ORDER GRANTING PETITIONER’S
MOTION TO STRIKE
ORDER STRIKING PETITIONER'S
NOTICE OF FAILURE TO RESPOND BY
THE CALIFORNIA ATTORNEY GENERAL

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(Docs. 19, 20)

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Petitioner, Richard Anthony Peterson, is a state prisoner proceeding pro se and in forma
pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On October 19,

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2017, United States Magistrate Judge Gregory G. Hollows ordered Petitioner to file his petition for
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writ of habeas corpus within 60 days and Respondent to file a response within 60 days from the date
the petition is filed. (Doc. 11.)
On October 30, 2017, Petitioner filed his petition for writ of habeas corpus in the Sacramento

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Division of the United States District Court for the Easter District of California. (Doc. 14.) On

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November 17, 2017, Judge Hollows transferred the case to the Fresno Division of the court because

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Petitioner was convicted in the Superior Court for Kern County. (Doc. 17.)
On November 30, 2017, Petitioner filed a document titled “Notice of Failure to Respond by

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California State Attorney General” (“Notice”). (Doc. 19.) In the Notice, Petitioner states that

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although 30 days have passed since he filed his petition, Respondent has failed to respond. Id. On

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December 11, 2017, Petitioner filed a “Request to Withdraw Notice of Nonresponse” (“Request to
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Withdraw”), because he misread Judge Hollow’s Order, which allows Respondent 60 days to

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respond to the petition. (Doc. 20.) The Court will interpret the Request to Withdraw as a Motion to

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Strike the Notice.

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The Court will GRANT the Motion to Strike (Doc. 20), because Respondent has until

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January 2, 2018, to file a response to Petitioner’s petition. Accordingly, the Court will STRIKE the

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Notice. (Doc. 19.)

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IT IS SO ORDERED.
Dated:

December 12, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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