Dixon v. Yates

Filing 84

ORDER signed by Magistrate Judge Allison Claire on 10/28/2015 DIRECTING the Clerk to strike 83 petitioner's brief filed on 9/29/2015 from the record. Petitioner shall, no later than 5:00 p.m. on Friday 10/30/2015, correct the record by filing his reply brief dated 9/29/2015. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK DIXON,

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No. 2:10-cv-0631 JAM AC P
Petitioner,

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v.

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JAMES YATES,

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ORDER

Respondent.

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Following the evidentiary hearing in this case, the parties were ordered to submit post-

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hearing briefing. ECF No. 73. It has come to the court’s attention that the reply brief filed by

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petitioner on September 29, 2015 (ECF No. 83), is identical to the opening brief filed on

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September 8, 2015 (ECF No. 81). It appears that petitioner inadvertently re-filed his opening

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brief. The courtesy copy of the reply brief received by the court appears to be the document

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petitioner intended to file.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to strike petitioner’s brief filed on September 29,

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2015 (ECF No. 83) from the record.

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2. Petitioner shall, no later than 5:00 p.m. on Friday, October 30, 2015, correct the record

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by filing his reply brief dated September 29, 2015.

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DATED: October 28, 2015

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