Castro v. Martel

Filing 19

ORDER signed by Magistrate Judge Craig M. Kellison on 12/14/09 ORDERING that Respondents motion to withdraw his motion to dismiss 17 is GRANTED; Clerk of the Court is directed to terminate the motion to dismiss 9 and the undersigneds 16 findings and recommendations thereon, as pending motions; and Respondent shall file an answer to the petition on or before 1/4/10. (Dillon, M)

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. M. MARTEL, Respondent. / Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is respondent's motion to withdraw his motion to dismiss (Doc. 17). In the motion to dismiss, respondent argues that federal review of petitioner's claim is barred because he defaulted in state court by not exhausting administrative remedies. The undersigned issued findings and recommendations to deny the motion to dismiss as it appeared petitioner had exhausted his administrative remedies. Respondent, after reviewing the undersigned's findings and the record again, had also found no procedural deficiency. He is therefore requesting the motion to dismiss be withdrawn. This request will be granted. /// 1 ANTHONY CASTRO, Petitioner, ORDER No. CIV S-08-2390-CMK-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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 2010. granted;

Accordingly, IT IS HEREBY ORDERED that: 1. Respondent's motion to withdraw his motion to dismiss (Doc. 17) is

2.

The Clerk of the Court is directed to terminate the motion to dismiss (Doc.

9) and the undersigned's November 19, 2009, findings and recommendations thereon, as pending motions; and 3. Respondent shall file an answer to the petition on or before January 4,

DATED: December 14, 2009 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

2