Beltran v. Aitken et al

Filing 12

ORDER signed by Magistrate Judge Kendall J. Newman on 9/28/11 VACATING 11 Motion to Dismiss without prejudice. Within 28 days of the date of this order, respondent shall re-file the motion to dismiss and notice it before the undersigned. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GIRLIE BELTRAN,

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Petitioner,

No. 2: 11-cv-1857 KJN P

vs.
TIM AITKEN, et al.,

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Respondents.

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ORDER
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Petitioner is proceeding through counsel, with a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2241. On August 11, 2011, respondents filed a motion to dismiss.

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Petitioner has not opposed the motion. However, respondent did not notice the motion for

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hearing as required by Local Rule 230(b).

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Accordingly, IT IS HEREBY ORDERED that respondent’s motion to dismiss

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filed August 19, 2011 (Dkt. No. 11) is vacated without prejudice; within twenty days of the date

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of this order, respondent shall re-file the motion to dismiss and notice it for hearing before the

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undersigned.

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DATED: September 28, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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bel1857.not

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