ROBERTS v. DUNPHY
Filing
23
ORDER re 22 MOTION to Dismiss for Failure to Exhaust filed by FREDERICK B DUNPHY - Petitioner shall file response within THIRTY (30) DAYS. Response to motion due by by 11/14/2008. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on October 15, 2008. (c: Perez, Roberts) (cbj)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MYRIAM PEREZ, as next friend of RICHARD ROBERTS, Petitioner, vs. FREDERICK B. DUNPHY, Respondent. _____________________________/ ORDER This cause is before the court on Respondent's Motion to Dismiss the habeas petition for failure to exhaust state court remedies and failure to state a federal claim (Doc. 22). Before the court rules on this matter, Petitioner shall be given an opportunity to respond. Accordingly, it is ORDERED: Within THIRTY (30) DAYS from the date of docketing of this order, Petitioner shall file a response to Respondent's motion to dismiss. DONE AND ORDERED this 15th day of October 2008. Case No. 3:08cv245/LAC/EMT
/s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE
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