Ventura v. Adams

Filing 22

ORDER: Directing Respondent to File Reply Brief within (15) fifteen-days of the date of this Order re 19 Motion to Dismiss Petition for Writ of Habeas Corpus as Untimely Signed by Judge Saundra Brown Armstrong, on 6/10/09. (lrc, COURT STAFF) (Filed on 6/15/2009) Modified on 6/16/2009 (jlm, COURT STAFF).

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 DATED: 6/10/09 ROBERT E. VENTURA, Petitioner, v.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

No. C 08-01708 SBA (PR) ORDER DIRECTING RESPONDENT TO FILE REPLY

DARREL ADAMS, Warden, Respondent. /

Petitioner, a state prisoner, filed a pro se petition for a writ of habeas corpus. The Court directed Respondent to file a answer to the petition and granted Petitioner leave to file a traverse within thirty days after the answer was filed. In lieu of filing an answer, Respondent filed a motion to dismiss on March 6, 2009. On May 6, 2009, Petitioner filed an opposition. Respondent's reply was due on May 22, 2009. To date, Respondent has not filed a reply to Petitioner's opposition to the motion to dismiss. Petitioner has raised issues in his opposition that were not addressed in Respondent's motion to dismiss, and the Court requires a reply from Respondent. Accordingly, Respondent is ordered to file a reply within fifteen (15) days from the date of this Order, unless he wishes to withdraw the motion. IT IS SO ORDERED.

SAUNDRA BROWN ARMSTRONG United States District Judge

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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

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ROBERT E. VENTURA, Plaintiff, v. DARREL ADAMS et al, Defendant. /

Case Number: CV08-01708 SBA CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on June 15, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Robert Elias Ventura V-80485 CSP - Corcoran State Prison P.O. Box 3476 Corcoran, CA 93212-3476 Dated: June 15, 2009 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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