Secrease v. Walker

Filing 36

ORDER signed by Magistrate Judge John F. Moulds on 11/23/09 ORDERING that the 33 findings and recommendations are VACATED; Petitioners 34 application for leave to file an opposition to respondents motion to dismiss is GRANTED; Petitioners 11/3/09 opposition to respondents motion to dismiss is deemed timely filed. Respondent shall file a reply to petitioners opposition within 15 days from the date of this order.(Dillon, M)

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/mp; 001; secr0299.111

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SHANNON SECREASE, Petitioner, vs. JAMES WALKER, Warden, Respondent. / Petitioner has requested leave to file an opposition to respondent's August 17, 2009 motion to dismiss pursuant to the court's order of October 30, 2009. Good cause appearing, IT IS HEREBY ORDERED that: 1. The October 30, 2009 findings and recommendations (#33) are vacated. 2. Petitioner's November 3, 2009 application for leave to file an opposition to respondent's motion to dismiss (#34) is granted; Petitioner's November 3, 2009 opposition to respondent's motion to dismiss is deemed timely filed. 3. Respondent shall file a reply to petitioner's opposition within fifteen days from the date of this order. DATED: November 23, 2009. ORDER No. 2:09-cv-0299 JFM (HC)