Kimerer v. Clark

Filing 15

ORDER signed by Magistrate Judge Kendall J. Newman on 04/08/10 ordering that petitioner file an opposition to respondent's motion to dismiss within 14 days of the date of service of this order. (Plummer, 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 //// //// //// //// 1 vs. KEN CLARK, Respondent. / Petitioner, is a state prisoner proceeding without counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On January 28, 2010, respondent filed a motion to dismiss the petition as untimely. More than thirty days have passed since the motion to dismiss was filed and plaintiff has failed to file an opposition. Plaintiff will be granted 14 days from the date of service of this order to file an opposition. Failure to file an opposition will result in a recommendation that this action be dismissed. In accordance with the above, IT IS HEREBY ORDERED that petitioner file an ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FORREST RAYMOND KIMERER, Petitioner, No. 2:09-cv-1839 GEB KJN P

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

opposition to respondent's motion to dismiss within 14 days of the date of service of this order. Failure to file an opposition will result in a recommendation that this action be dismissed. DATED: April 8, 2010

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE
kime1839.ord

2