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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY GASTON,
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Petitioner,
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v.
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ANTHONY HEDGEPETH, Warden,
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Respondent.
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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

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pursuant to 28 U.S.C. § 2254. On November 9, 2011, the Court dismissed Claim 1 as

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procedurally barred and untimely. The Court then ordered Respondent to show cause why Claim

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2 of the petition should not be granted. On January 5, 2012, Respondent filed a motion to

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dismiss Claim 2 of the petition because it was untimely and failed to state a cognizable claim for

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habeas relief. Petitioner filed an opposition. Respondent filed a reply, which added a new

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argument that Claim 2 failed to state a due process claim. Because Petitioner has not had an

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opportunity to respond to this new argument, the Court directs Petitioner to file a supplemental

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opposition within twenty-eight (28) days of the filing date of this order. If Respondent wishes

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to file a supplemental reply, he shall do so within fourteen (14) days thereafter.

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IT IS SO ORDERED.
DATED: 5/30/12
LUCY H. KOH
United States District Judge

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Order Directing Petitioner to File Response
G:\PRO-SE\SJ.LHK\HC.10\Gaston068Presp.wpd