SMITH v. FLORIDA DEPARTMENT OF CORRECTIONS

Filing 18

ORDER GRANTING 15 MOTION to Amend 1 Petition for Writ of Habeas Corpus filed by ROBERT LEROY SMITH. Clerk directed to file attachment to motion as Petitioner's Second Amended Petition. GRANTING 17 MOTION to Re-Set Response Deadline filed by SECRETARY OF THE FLORIDA DEPARTMENT OF CORRECTIONS. (Internal deadline for referral to judge if response not filed earlier: 1/6/2011), Replies due by 2/8/2011, if any.) (jws)

-GRJ SMITH v. FLORIDA DEPARTMENT OF CORRECTIONS

Doc. 18

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION ROBERT LEROY SMITH, Petitioner, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent. _____________________________/ ORDER This matter is before the Court on Doc. 15, Petitioner's motion to file a Second Amended Petition, and Doc. 17, Respondent's response to the motion and motion to re-set the response deadline. Respondent states that he does not oppose Petitioner's motion to amend, subject to Respondent's right to assert any applicable timeliness or procedural bars. Upon due consideration, it is ORDERED: 1. Petitioner's motion, Doc. 15, is GRANTED. The Clerk is directed to file the attachment to the motion as Petitioner's Second Amended Petition. 2. Respondent's motion, Doc. 17, is GRANTED. Respondent shall have until January 6, 2011, to file a response to the Second Amended Petition. Petitioner shall have until February 8, 2011, to file a reply, if any. DONE AND ORDERED this 22nd day of November 2010. CASE NO. 1:10-cv-00094-MP -GRJ

s/Gary R. Jones
GARY R. JONES United States Magistrate Judge

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