Blackwell v. Walker

Filing 27

ORDER signed by Magistrate Judge Gregory G. Hollows on 09/14/11 denying 25 Motion for default judgment and respondent's answer is timely filed. The clerk of the court is directed to docket respondent's answer 23 in CIV S-06-1876 RRB GGH onto the docket in CIV S-10-2316 RRB GGH P.(Plummer, 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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ANTHONY M. BLACKWELL,
Petitioner,

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vs.
RODERICK Q. HICKMAN,
Respondent.

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ANTHONY M. BLACKWELL,
Petitioner,

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ORDER
/

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No. CIV S-06-1876 RRB GGH P

No. CIV S-10-2316 RRB GGH P

vs.
JAMES WALKER,
Respondent.

ORDER
/

Petitioner in both cases, a state prisoner proceeding pro se, has filed an application

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for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The above two cases have been

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consolidated. On August 12, 2011, in case 06-1876 petitioner filed a motion (Doc. 25) noting

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that respondent had not filed an answer on time. Petitioner is mistaken, respondent requested an

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extension which appeared in case 10-2316 which was granted and respondent filed the answer on
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August 9, 2011. Therefore, respondent’s answer is timely filed.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. The motion for default judgement (Doc. 25 in CIV S-06-1876 RRB GGH) is

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denied and respondent’s answer is timely filed.
2. The Clerk of the Court is directed to docket respondent’s answer, Doc. 23 in

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CIV S-06-1876 RRB GGH onto the docket in CIV S-10-2316 RRB GGH P

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DATED: September 14, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:AB

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blac2316.ord3

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