Morales v. Hedgpeth

Filing 27

ORDER signed by Magistrate Judge Kendall J. Newman on 5/23/13 ORDERING that respondents motion to dismiss is deemed submitted for decision.(Dillon, M)

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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 12 13 Petitioner, No. 2: 12-cv-0544 LKK KJN P vs. ANTHONY HEDGPETH, et al., 14 Respondents. 15 ORDER / 16 On April 17, 2013, the undersigned granted respondents’ motion for an extension 17 of time to May 12, 2013 to file a reply to petitioner’s opposition. The grounds of this request 18 were that petitioner argued in his opposition that he was entitled to equitable tolling. 19 Respondents claimed that they had just received documents necessary to respond to this 20 argument and required additional time to review these documents and prepare a reply. 21 Respondents did not file a reply to petitioner’s opposition. Accordingly, IT IS 22 HEREBY ORDERED that respondents’ motion to dismiss is deemed submitted for decision. 23 DATED: May 23, 2013 24 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 25 26 mor544.res 1

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