Butte v. Allison

Filing 29

ORDER signed by Magistrate Judge Dale A. Drozd on 7/11/11 DENYING 26 Motion for an order directing the Clerk of the Court to serve petitioner with a copy of respondents motion to dismiss; GRANTING 27 Motion for Extension of time. Petitioner shall file an opposition to the 5/9/11 motion to dismiss within 30 days from the date of this order. (Dillon, 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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RAYMOND HAROLD BUTTE, SR.,

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Petitioner,

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No. CIV S-11-0510 GEB DAD P

vs.
K. ALLISON,

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Respondent.

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ORDER
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Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. On May 9, 2011, respondent filed a motion to dismiss the

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pending petition. However, petitioner did not file any opposition to the motion. Accordingly, on

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June 15, 2011, the court ordered petitioner to file his opposition or to show cause why sanctions

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should not be imposed as a result of his failure to do so. On June 24, 2011, petitioner filed a

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motion requesting an order directing the Clerk of the Court to serve petitioner with a copy of the

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respondent’s motion, which petitioner contended that he never received. At that same time

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petitioner also filed a motion for an extension of time to file his opposition to the pending motion

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to dismiss. On July 6, 2011, respondent filed a notice of re-service of the motion to dismiss.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s June 24, 2011 motion for an order directing the Clerk of the Court

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to serve petitioner with a copy of respondent’s motion to dismiss (Doc. No. 26) is denied as

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unnecessary;

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2. Petitioner’s June 24, 2011 request for extension of time (Doc. No. 27) is
granted; and

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3. Petitioner shall file an opposition to the May 9, 2011 motion to dismiss within

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thirty days from the date of this order.

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DATED: July 11, 2011.

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DAD:md/4
butt0510.111

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