Thomas v. Brown, et al

Filing 255

ORDER by Judge Marilyn Hall Patel finding as moot 237 Motion for Judgment as a Matter of Law (awb, COURT-STAFF) (Filed on 4/14/2009)

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. ROBERT K. WONG, Acting Warden of California State Prison at San Quentin, Respondent. / RALPH INTERNATIONAL THOMAS, Petitioner, No. C 93-0616 MHP ORDER RE PETITIONER'S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS REGARDING PROCEDURAL DEFAULT DEFENSE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA On October 7, 2008, petitioner filed a Motion For Partial Judgment On The Pleadings Regarding Procedural Default Defense, alleging that he was entitled to judgment as a matter of law with regard to the respondent's procedural default defense relating to claims 3, 4, 9 and 11. On January 22, 2009, respondent filed a Notice Of Withdrawal Of Procedural Default Defense, conceding that at the time that petitioner filed his state exhaustion petition, California's timeliness rule was not independent of federal law and withdrawing his allegations of default in relation to claims 3, 4, 9 and 11. In light of respondent's withdrawal of his procedural default defense, the court denies petitioner's motion as moot. IT IS SO ORDERED. DATED: April 7, 2009 _______________________________ Marilyn Hall Patel United States District Judge

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