Bowen v. Hegpeth et al

Filing 15

ORDER signed by Magistrate Judge Gregory G. Hollows on 3/16/11 ORDERING that respondent, within seven days, shall either withdraw the motion as moot, or file a reply in which he disagrees with petitioner. If respondent withdraws the motion, he shall file an answer within 30 days of the filed date of this order. Petitioner shall file a traverse within thirty days thereafter. (Dillon, M)

-GGH (TEMP)(HC) Bowen v. Hegpeth et al

Doc. 15

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bowe1454.157

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA WAYNE LEE BOWEN, Petitioner, vs. A. HEGPETH, et al., Respondents. / Petitioner is a California prisoner proceeding pro se with a petition for writ of habeas corpus under 28 U.S.C. § 2254. On September 20, 2010, respondents filed a motion to dismiss in which respondents assert that petitioner failed to exhaust state court remedies with respect to ground two in his habeas petition. In response to respondents' motion, petitioner indicates he has now exhausted state court remedies with respect to all of his claims. Accordingly, IT IS HEREBY ORDERED that respondent, within seven days, shall either withdraw the motion as moot, or file a reply in which he disagrees with petitioner. If respondent withdraws the motion, he shall file an answer within thirty days of the filed date of this order. Petitioner shall file a traverse within thirty days thereafter. DATED: March 16, 2011 /s/ Gregory G. Hollows ___________________________________ UNITED STATES MAGISTRATE JUDGE ORDER No. CIV-S-10-1454 WBS GGH (TEMP) P

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