Nickelberry v. State of California

Filing 10

ORDER REQUIRING RESPONSE re 9 MOTION to Dismiss for Lack of Exhaustion filed by State of California. Responses due by 5/19/2014. Signed by Judge Vince Chhabria on 4/18/2014. (Attachments: # 1 Certificate/Proof of Service)(knm, COURT STAFF) (Filed on 4/18/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARCUS A. NICKELBERRY,

Case No. 13-cv-02486-VC

Petitioner,
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v.

ORDER

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STATE OF CALIFORNIA,
Respondent.

United States District Court
Northern District of California

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On June 3, 2013, Petitioner filed a petition for habeas corpus. On September 23, 2013,

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Respondent moved to dismiss the petition based on failure to exhaust (Docket No. 9). Petitioner's

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response to Respondent's motion was due on October 23, 2013. As of the date of this Order, the

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Court has received no such response or any other communication from Petitioner. Accordingly,

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Petitioner is ORDERED to submit a response to Respondent's motion by May 19, 2014. If

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Petitioner fails to do so, the Court will dismiss the case without further notice.

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IT IS SO ORDERED.
Dated: April 18, 2014
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VINCE CHHABRIA
United States District Judge