Haugabook v. Horel

Filing 7

ORDER AMENDING ORDER re 5 (SI, COURT STAFF) (Filed on 11/17/2008) (Additional attachment(s) added on 11/19/2008: # 1 cs) (ys, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 United 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 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DOUGLAS HAUGABOOK, Petitioner, v. ROBERT A. HOREL, warden, Respondent. / No. C 08-3860 SI (pr) ORDER AMENDING ORDER In the order filed on October 28, 2008, the last phrase of the first sentence on page 3 was inadvertently omitted. The October 28, 2008 order is now amended to add to the end of the sentence the phrase "respondent is of the opinion that such a motion to dismiss is unwarranted in this case." As amended, the sentence now will read: "Accordingly, pursuant to Rule 4 of the Rules Governing Habeas Corpus Cases Under Section 2254, respondent must either (1) move to dismiss the petition on the ground that it is untimely, or (2) inform the court that respondent is of the opinion that such a motion to dismiss is unwarranted in this case." IT IS SO ORDERED. DATED: November 17, 2008 _______________________ SUSAN ILLSTON United States District Judge

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