Morales v. Hedgpeth

Filing 23

ORDER signed by Magistrate Judge Kendall J. Newman on 3/4/13 ORDERING that the order to show cause 21 is discharged; Petitioner is granted 21 days from the date of this order to file his opposition to respondents motion to dismiss; respondents may file a reply within fourteen days thereafter.(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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OSCAR MORALES,

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Petitioner,

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

vs.
ANTHONY HEDGPETH, et al.,

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Respondents.

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

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habeas corpus pursuant to 28 U.S.C. § 2254. On November 30, 2012, respondents filed a motion

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to dismiss. Petitioner did not oppose the motion. Accordingly, on January 9, 2013, petitioner was

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ordered to show cause for his failure to oppose respondents’ motion.

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On February 28, 2013, petitioner filed a response to the order to show cause.

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Petitioner states that he could not file a timely opposition because he was without his legal property

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due to a transfer to a new prison. Petitioner states that he did not receive his legal property until

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February 23, 2013.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The order to show cause (Dkt. No. 21) is discharged;

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2. Petitioner is granted twenty-one days from the date of this order to file his

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opposition to respondents’ motion to dismiss; respondents may file a reply within fourteen days

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thereafter.

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DATED: March 4, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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mor544.ord

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