Napoleon v. Yves

Filing 40

ORDER signed by Magistrate Judge Gregory G. Hollows on 1/6/2012 ORDERING respondent to SHOW CAUSE within 7 days, why petitioner's 33 motion to strike should not be granted. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELIN NAPOLEON, 11 Petitioner, 12 13 No. CIV S-10-0940 GGH P vs. RICHARD B. YVES, 14 Respondent. 15 ORDER / 16 Petitioner is a federal prisoner proceeding pro se with an application for writ of 17 habeas corpus pursuant to 28 U.S.C. § 2241. Pending before the court is petitioner’s motion to 18 strike any pleadings by respondent’s counsel, Matthew Fletcher, filed on June 3, 2011 (docket # 19 33). Notwithstanding respondent’s June 24, 2011 opposition, respondent must show cause 20 within seven (7) days why, pursuant to 28 U.S.C. §§ 515(b), 516, petitioner’s motion should not 21 be granted. 22 23 IT IS SO ORDERED. DATED: January 6, 2012 24 25 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE GGH:009 napo0940.osc 26

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