Toerpe v. Duffy

Filing 16

ORDER signed by Magistrate Judge Dennis M. Cota on 2/28/2019 VACATING the 3/6/2019 hearing, as no opposition to 13 Motion to Dismiss has been filed, and ORDERING the matter submitted on the record and briefs without oral argument. (Henshaw, R)

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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 11 TROY N. TOERPE, 12 No. 2:18-CV-0093-DMC-P Petitioner, 13 v. 14 BRIAN DUFFY, 15 ORDER Respondent. 16 17 Petitioner, a state prisoner proceeding with retained counsel, brings this petition 18 for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is 19 respondent’s motion to dismiss (Doc. 13). No opposition to the pending motion has been filed. 20 Therefore, pursuant to Eastern District of California Local Rule 230(c), the hearing scheduled for 21 March 6, 2019, at 10:00 a.m., before the undersigned in Redding, California, is hereby taken off 22 calendar and the matter is submitted on the record and briefs without oral argument. 23 IT IS SO ORDERED. 24 25 Dated: February 28, 2019 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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