Allen v. Swarthout et al

Filing 24

ORDER signed by Magistrate Judge Gregory G. Hollows on 9/27/2011 DENYING 21 Motion for Summary Judgment. Petitioner may file a Traverse within 28 days. (Michel, G)

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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 ALLEN,
Petitioner,

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vs.
GARY SWARTHOUT, et al.,
Respondents.

ORDER
/

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No. CIV S-10-3257 GEB GGH P

Petitioner, a state prisoner proceeding pro se, has filed an application for writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has filed a motion for “summary

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judgment,” i.e., motion for entry of default, noting that respondent failed to timely file an answer

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to the petition. However, respondent timely filed an answer to the petition on September 9,

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2011. Doc. 20. Therefore, petitioner’s motion is denied.

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Accordingly, IT IS HEREBY ORDERED: that petitioner’s September 13, 2011,

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motion is denied. Plaintiff may file a traverse within 28 days.

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DATED: September 27, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH: AB - alle3257.ord

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