Brodheim v. Dickinson, et. al.

Filing 106

ORDER signed by Magistrate Judge Gregory G. Hollows on 3/6/13 ORDERING that Respondent's 79 MOTION to DISMISS is reinstated; Respondent shall file an opposition by June 21, 2013. Should the Governor affirm the Boards decision prior to this date, petitioner shall file a statement to this effect in place of an opposition. A reply may be filed by June 28, 2013. The motion will then be taken under submission without a hearing.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL J. BRODHEIM,

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Petitioner,

No. CIV S-06-2326 LKK GGH P

vs.
KATHLEEN DICKINSON, et al.,

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Respondents.

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ORDER
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Previously pending on this court’s law and motion calendar for February 28, 2013,

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was petitioner’s request to vacate motions and scheduling dates, filed January 24, 2013, based on

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the Board of Parole Hearings’ grant of parole. Having reviewed respondent’s opposition and

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heard oral argument, the court now issues the following order.1

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For reasons stated at hearing, IT IS ORDERED that:

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1. Respondent’s motion to dismiss, filed September 26, 2011, is reinstated.

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2. Respondent shall file an opposition by June 21, 2013. Should the Governor

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affirm the Board’s decision prior to this date, petitioner shall file a statement to this effect in

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place of an opposition.

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By order of January 29, 2013, the court vacated respondent’s previously scheduled
motion to dismiss from the February 28, 2013 calendar.
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3. A reply may be filed by June 28, 2013. The motion will then be taken under

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submission without a hearing.

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DATED: March 6, 2013

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076/brod2326.sch.wpd

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