Ontiveros v. Subia

Filing 69

ORDER signed by Magistrate Judge Dale A. Drozd on 03/16/15 ordering respondent's motion to dismiss 7 is deemed withdrawn. The evidentiary hearing set for 06/01/15 is vacated. Respondent shall file an answer within 10 days of the date of this order. (Plummer, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

SACRAMENTO DIVISION

11
12
ED ONTIVEROS,

2:07-cv-01441-JAM-DAD (HC)

13
Petitioner, ORDER
14
v.
15
16

R. J. SUBIA, Warden,
Respondent.

17
18

On January 29, 2015, this court set an evidentiary hearing in this matter for the sole purpose

19
20

of determining whether petitioner is entitled to equitable tolling of the statute of limitations.

21

Counsel for respondent has since filed a request to withdraw respondent’s pending motion to

22

dismiss the petition as time-barred. Respondent’s counsel explains therein that in light of the

23

costs of proceeding with an evidentiary hearing, respondent has elected to withdraw the

24

affirmative defense based on the statute of limitations and, within ten days of the court vacating

25

the evidentiary hearing, respondent’s counsel will file an answer addressing the merits of

26

petitioner’s sole claim that the Board of Parole Hearings was unconstitutionally biased when it

27

denied petitioner parole.

28

/////

1

Good cause appearing, IT IS HEREBY ORDERED that:

2

1. Respondent’s motion to dismiss (Doc. No. 7) is deemed withdrawn;

3

2. The evidentiary hearing set for June 1, 2015, is vacated; and

4

3. Respondent shall file an answer within ten days of the date of this order.

5

Dated: March 16, 2015

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

DAD:9
onti1441.vac