Blount v. Soto

Filing 45

ORDER signed by Magistrate Judge Allison Claire on 10/18/2017 DIRECTING the Clerk to STRIKE the 10/9/2017 answer to petition 39 from the record and respondent shall file and serve a response to the petition in this case by 10/20/2017. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD BLOUNT, 12 No. 2:15-cv-1809 KJM AC P Petitioner, 13 v. 14 J. SOTO, 15 ORDER Respondent. 16 17 By order filed August 4, 2017, respondent was granted an extension of time, up to 18 October 10, 2017, to file a response to the petition. ECF No. 38. On October 9, 2017, respondent 19 filed an answer in this case. ECF No. 39. However, the answer is in response to the petition filed 20 in Cebrero v. Frauenheim, 1:16-cv-0173 DAD JLT, and respondent has yet to file a response to 21 the petition in this case. It is not clear whether petitioner received a copy of the responsive 22 pleading that respondent intended to file because though he has filed a document that appears to 23 be intended as a traverse, it is dated September 18, 2017. ECF No. 40. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. The Clerk of the Court is directed to strike the October 9, 2017 answer (ECF No. 39) 26 from the record. 27 //// 28 //// 1 1 2 3 4 2. Respondent shall file and serve a response to the petition in this case by October 20, 2017. SO ORDERED. DATED: October 18, 2017 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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