Morales v. Hedgpeth

Filing 18

ORDER signed by Magistrate Judge Kendall J. Newman on 10/30/2012 ORDERING that the 13 motion to dismiss and the 16 findings and recommendations are VACATED; within 30 days, respondent shall file a response to the 8/22/12 amended petition. (Yin, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

OSCAR MORALES,

11

Petitioner,

12
13

No. 2: 12-cv-0544 LKK KJN P

vs.
ANTHONY HEDGPETH, et al.,

14

Respondents.

15

ORDER
/

16

Petitioner is a state prisoner, proceeding without counsel, with a petition for writ

17

of habeas corpus pursuant to 28 U.S.C. § 2254. On May 7, 2012, respondent filed a motion to

18

dismiss on grounds that this action is barred by the statute of limitations. Petitioner did not file

19

an opposition. Accordingly, on July 20, 2012, the undersigned recommended that respondent’s

20

motion be granted.

21

On August 22, 2012, petitioner filed an amended petition raising additional

22

claims. Because the amended petition raises additional claims, the motion to dismiss addressing

23

the original petition is vacated, and respondent is directed to file a response to the amended

24

petition.

25

////

26

////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The motion to dismiss (Dkt. No. 13) and findings and recommendations (Dkt.

3

No. 16) are vacated;

4

2. Within thirty days of the date of this order, respondent shall file a response to

5

the amended petition filed August 22, 2012.

6

DATED: October 30, 2012

7
8

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

9
10

mor544.vac

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2