Gaston v. Hedgepeth
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
ANTHONY HEDGEPETH, Warden,
No. C 10-4068 LHK (PR)
PETITIONER TO FILE
Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254. On November 9, 2011, the Court dismissed Claim 1 as
procedurally barred and untimely. The Court then ordered Respondent to show cause why Claim
2 of the petition should not be granted. On January 5, 2012, Respondent filed a motion to
dismiss Claim 2 of the petition because it was untimely and failed to state a cognizable claim for
habeas relief. Petitioner filed an opposition. Respondent filed a reply, which added a new
argument that Claim 2 failed to state a due process claim. Because Petitioner has not had an
opportunity to respond to this new argument, the Court directs Petitioner to file a supplemental
opposition within twenty-eight (28) days of the filing date of this order. If Respondent wishes
to file a supplemental reply, he shall do so within fourteen (14) days thereafter.
IT IS SO ORDERED.
LUCY H. KOH
United States District Judge
Order Directing Petitioner to File Response
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