Wilkes v. McDonald

Filing 28

ORDER signed by Magistrate Judge Dale A. Drozd on 03/09/12 ordering within 15 days from the date of this order, respondent shall file and serve a response to petitioner's 12/12/11 motion for relief from judgment. Petitioner's reply, if any, shall be filed and served not later than 10 days thereafter. (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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LENNI WILKES,

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Petitioner,
vs.
M. D. MCDONALD,
Respondent.

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No. 2:10-cv-2997 GEB DAD (HC)

ORDER
/

Petitioner is a state prisoner proceeding pro se with an application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. By order filed May 19, 2011, this action was

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dismissed due to petitioner’s failure to properly exhaust his claims in state court before seeking

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federal habeas relief. Judgment was entered on the same day.

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On December 12, 2011, petitioner filed a motion to amend his petition. (Doc. No.

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24.) By order filed January 6, 2012, the court construed petitioner’s motion as a motion for relief

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from judgment pursuant to Fed. R. Civ. P. 60(b) and granted petitioner a period of thirty days in

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which to supplement his motion by filing a proposed amended habeas corpus petition. On

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January 25, 2012, petitioner filed a motion to amend, and on February 6, 2012, petitioner filed a

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proposed first amended petition.

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Good cause appearing, IT IS HEREBY ORDERED that:
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1. Within fifteen days from the date of this order, respondent shall file and serve a

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response to petitioner’s December 12, 2011 motion for relief from judgment pursuant to Fed. R.

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Civ. P. 60(b); and

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2. Petitioner’s reply, if any, shall be filed and served not later than ten days

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thereafter.

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DATED: March 9, 2012.

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DAD:12
wilk2997.brf60b

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