MARTS v. MCNESBY

Filing 44

ORDER re 43 MOTION to Dismiss Unexhausted Petition for writ of habeas corpus filed by WALTER A MCNEIL - Within THIRTY (30) DAYS from docketing date of this order, Petitioner shall file response to Respondent's motion to dismiss. Response to motion due by 2/20/2009. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on January 21, 2009.(cc: Marts) (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION SIDNEY MARTS, Petitioner, vs. WALTER A. McNEIL, Respondent. _____________________________/ ORDER This cause is before the court on Respondent's motion to dismiss this habeas action because Petitioner failed to exhaust state court remedies (Doc. 43). Petitioner shall now be required to respond to Respondent's motion. 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. Failure to comply with this order may result in dismissal of this action. DONE AND ORDERED this 21st day of January 2009. Case No. 3:08cv250/RV/EMT

/s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE