Gaston v. Hedgepeth

Filing 27

ORDER DIRECTING PETITIONER TO FILE RESPONSE. Signed by Judge Lucy H. Koh on 5/30/12. (Attachments: # 1 certificate of service)(mpb, COURT STAFF) (Filed on 6/1/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 ANTHONY GASTON, 11 Petitioner, 12 v. 13 ANTHONY HEDGEPETH, Warden, 14 Respondent. 15 16 ) ) ) ) ) ) ) ) ) ) No. C 10-4068 LHK (PR) ORDER DIRECTING PETITIONER TO FILE RESPONSE Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus 17 pursuant to 28 U.S.C. ยง 2254. On November 9, 2011, the Court dismissed Claim 1 as 18 procedurally barred and untimely. The Court then ordered Respondent to show cause why Claim 19 2 of the petition should not be granted. On January 5, 2012, Respondent filed a motion to 20 dismiss Claim 2 of the petition because it was untimely and failed to state a cognizable claim for 21 habeas relief. Petitioner filed an opposition. Respondent filed a reply, which added a new 22 argument that Claim 2 failed to state a due process claim. Because Petitioner has not had an 23 opportunity to respond to this new argument, the Court directs Petitioner to file a supplemental 24 opposition within twenty-eight (28) days of the filing date of this order. If Respondent wishes 25 to file a supplemental reply, he shall do so within fourteen (14) days thereafter. 26 27 IT IS SO ORDERED. DATED: 5/30/12 LUCY H. KOH United States District Judge 28 Order Directing Petitioner to File Response G:\PRO-SE\SJ.LHK\HC.10\Gaston068Presp.wpd

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