Terry v. Tilton, et al

Filing 52

ORDER signed by Magistrate Judge Kimberly J. Mueller on 6/22/2010 ORDERING respondent to file an opposition or statement of non-opposition to this 51 motion w/in 30 days; petitioner's reply due w/in 14 days of opposition. (Yin, K)

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2/terr0244.ord

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DAVID TERRY, Petitioner, vs. JAMES TILTON, Respondent. / Petitioner has filed a second motion for relief from the judgment entered September 28, 2007, arguing that he is entitled to equitable tolling under Townsend v. Knowles, 562 F.3d 1200 (9th Cir.), cert. denied, U.S. , 130 S.Ct. 193 (2009) and Harris v. Carter, U.S. , 129 S.Ct. 397 ORDER No. CIV S-06-0244 GEB KJM P

515 F.3d 1051 (9th Cir.), cert. denied sub nom. Brunson v. Harris, (2008).

IT HEREBY ORDERED that respondent file an opposition or statement of nonopposition to this motion within thirty days of the date of this order. Petitioner's reply, if any, is due within fourteen days of the filing of the opposition. DATED: June 22, 2010.