West v. Dickinson

Filing 85

ORDER signed by Magistrate Judge Dale A. Drozd on 9/18/12 ORDERING that respondent shall file and serve her opposition, or a statement of non- opposition, to petitioners motion for leave to file a third amended petition within 21 days of the date of this Order. (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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MACK A. WEST, JR.,

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Petitioner,

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No. 2: 09-cv-3147 KJM DAD P

vs.
KATHLEEN DICKINSON, Warden,

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Respondent.

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ORDER
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Petitioner is a state prisoner proceeding pro se with a second amended petition for

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writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Respondent answered the second

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amended petition on August 2, 2011. Petitioner was then granted multiple extensions of time to

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file a traverse. Instead, on April 2, 2012, petitioner filed a motion for leave to file a third

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amended petition for writ of habeas corpus. To date, respondent has not filed either a response in

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opposition to the motion for leave to file a third amended petition nor a statement of non-

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opposition.

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Accordingly, IT IS HEREBY ORDERED that respondent shall file and serve her

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opposition, or a statement of non-opposition, to petitioner’s motion for leave to file a third

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amended petition within twenty-one (21) days of the date of this Order.

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DATED: September 18, 2012.

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DAD:dpw
DAD1/prisoner-habeas/west3147.respmot3dpet

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