Martin v. Roden

Filing 16

Judge Rya W. Zobel: ORDER entered. re 9 MOTION to Dismiss Petition for Writ of Habeas Corpus filed by Gary Roden, Set Deadlines;( Responses due by 12/3/2012)(Urso, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 12-10312-RWZ

ANTHONY MARTIN
v.
GARY RODEN,
Superintendent
ORDER
October 22, 2012

ZOBEL, D.J.

Respondent in this proceeding for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2254 has moved to dismiss the petition for failure to exhaust state court remedies.
His brief in support of this motion also covers his opposition to petitioner’s earlier
motion to hold the petition in abeyance pending exhaustion. Petitioner has already
replied to respondent’s opposition to the motion to stay this case; he shall file any
opposition to the motion to dismiss by December 3, 2012. The court will then decide
both motions on the papers.

October 22, 2012
DATE

/s/Rya W. Zobel
RYA W. ZOBEL
UNITED STATES DISTRICT JUDGE