Ford v. Carey

Filing 37

ORDER signed by Magistrate Judge Gregory G. Hollows on 8/19/09 VACATING 36 Order. The 8/20/09 hearing date is also VACATED and the Motion to Dismiss Hearing is RESET for 9/17/2009 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. Petitioner shall file a response to the motion to dismiss by 8/27/09. Respondent's reply is due by 9/10/09. No extensions will be granted. (Donati, J)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. TOM L. CAREY Respondent. / Petitioner, a state prisoner proceeding with appointed counsel, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 29, 2009, respondent filed a motion to dismiss on the grounds that several claims were filed outside the one-year statute of limitations set forth in 28 U.S.C. 2244(d). The motion was set for oral argument before the court on August 20, 2009, but petitioner has not filed an opposition to the motion to dismiss. On August 17, 2009, petitioner filed a stipulation signed by counsel for both parties and requested to reset the hearing for September 17, 2009. \\\\\ \\\\\ \\\\\ 1 ORDER JEFFREY DEAN FORD, Petitioner, No. CIV S-05-0944 LKK GGH IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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ggh: ab ford0944.arg2

Accordingly, IT IS HEREBY ORDERED that: 1. The court's August 17, 2009, Order is vacated. 2. The August 20, 2009, hearing date is also vacated and the hearing is now scheduled for September 17, 2009, before the undersigned. 3. Petitioner shall file a response to the motion to dismiss by August 27, 2009. Respondent's reply, if any, is due by September 10, 2009. No extensions will be granted. DATED: August 19, 2009 /s/ Gregory G. Hollows GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE

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