Bermudez v. Roden

Filing 17

Judge Indira Talwani: ORDER entered denying 15 Motion to Dismiss for Lack of Prosecution. See attached Order. (MacDonald, Gail)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
JOSUE ROBLES BERMUDEZ,
Petitioner,
v.
GARY RODEN,
Respondent.

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Civil Action No. 14-cv-10257-IT

ORDER
October 14, 2014
TALWANI, D.J.
On June 30, 2014, the court issued a scheduling order in this case [#14], directing
Petitioner to file a memorandum in support of his petition by August 18, 2014 and Respondent to
file a memorandum in opposition by October 2, 2014. On September 9, 2014, Respondent filed
a Motion to Dismiss Petition for Lack of Prosecution [15], requesting the court to dismiss the
petition for lack of prosecution due to Petitioner’s failure to file a memorandum in support or
seek an extension of time to file one.
On September 23, 2014, Petitioner filed his memorandum in support, in which he
informed the court that his mail had been arriving late because of a change of address. In light of
Petitioner’s filing his memorandum and change of address, the court hereby DENIES
Respondent’s motion to dismiss for lack of prosecution and directs Respondent to file an
opposition by no later than November 14, 2014.
IT IS SO ORDERED.
/s/ Indira Talwani
United States District Judge