Hayden v. Duffy

Filing 30

ORDER signed by Magistrate Judge Dale A. Drozd on 5/15/15 ORDERING that petitioner's March 11, 2015 motion (ECF No. 23 ) is denied as having been rendered moot. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALPHONSO HAYDEN, JR.,

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Petitioner,

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v.

No. 2:14-cv-1004 WBS DAD P

ORDER

BRIAN DUFFY, Warden,

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Respondent.

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Petitioner is a state prisoner proceeding pro se with an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. Currently pending before the court is respondent’s motion

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to dismiss, filed on February 26, 2015. (ECF No. 22.)
On March 11, 2015, petitioner filed a motion with the court seeking an order

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(i) compelling respondent to provide petitioner with copies of petitions that respondent alleges, in

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his motion to dismiss, petitioner filed on October 23, 2003 in the California Supreme Court and

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on November 23, 2004 with the Sacramento County Superior Court (hereinafter, “Past

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Petitions”), and (ii) deferring the court’s ruling on the pending motion to dismiss until respondent

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provides petitioner with these documents. (ECF No. 23.)
On March 25, 2015, respondent filed a notice with the court stating that he would provide

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petitioner with courtesy copies of the Past Petitions. (ECF No. 25.)

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Subsequently, on April 15, 2015, after obtaining an extension of time from the court,
petitioner filed an opposition to the motion to dismiss. (ECF No. 28.)

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Based on the representations in respondent’s March 25, 2015 notice and the fact that

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petitioner has filed an opposition to the motion to dismiss, IT IS HEREBY ORDERED that

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petitioner’s March 11, 2015 motion (ECF No. 23) is denied as having been rendered moot.

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Dated: May 15, 2015

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DAD:10
hayd1004.deny.moot

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