Hill v. Gibson

Filing 27

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/4/16 ORDERING that Respondent shall file a response to petitioners November 19, 2015 motion for relief from judgment within thirty days from the date of this order. Petitioner may file a reply to respondents response within 14 days from the filing of the response.(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12

Petitioner,

13
14

No. 2:12-cv-0595-EFB P

CARL E. HILL,

v.
CONNIE GIBSON,

15

Respondent.

16
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus

17
18

pursuant to 28 U.S.C. §2254. The parties in this action have consented to proceed before a

19

United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). On December 19, 2014, the

20

undersigned denied petitioner’s habeas petition. On January 23, 2015, petitioner filed a notice of

21

appeal to the United States Court of Appeals for the Ninth Circuit. On March 13, 2015, the Ninth

22

Circuit denied petitioner’s request for a certificate of appealability because the notice of appeal

23

was not timely filed.
On November 19, 2015, petitioner filed a motion for relief from judgment pursuant to

24
25

Fed. R. Civ. P. 60(b). ECF No. 26. Good cause appearing, respondent will be ordered to file a

26

response to that motion within thirty days.

27

/////

28

/////
1

1

Accordingly, IT IS ORDERED that:

2

1. Respondent shall file a response to petitioner’s November 19, 2015 motion for relief

3
4

from judgment within thirty days from the date of this order.
2. Petitioner may file a reply to respondent’s response within fourteen days from the

5

filing of the response.

6

DATED: January 4, 2016.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2