PERRY v. MCNEIL

Filing 12

ORDER re 10 Response to Habeas Petition filed by WALTER A MCNEIL - Petitioner shall reply to respondent's answer within THIRTY (30) DAYS from docketing date of this order. Internal deadline for referral to judge if response not filed earlier: 11/27/2008. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on October 28, 2008.(cc: Perry) (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION LEO EDWARD PERRY, JR., Petitioner, vs. WALTER A. McNEIL, Respondent. ___________________________________/ ORDER This cause is before the court on Respondent's answer (Doc. 10) to the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1). Respondent seeks denial of the petition for writ of habeas corpus and cites authority in support. It now appears that the interests of justice would best be served by allowing Petitioner an opportunity to reply. Accordingly, it is therefore ORDERED: Petitioner shall reply to Respondent's answer (Doc. 10) within THIRTY (30) DAYS from the date of docketing of this order. DONE AND ORDERED this 28th day of October 2008. Case No. 3:08cv323/RV/EMT

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