KLAH v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY et al

Filing 56

MEMORANDUM AND ORDER denying 55 Motion to Dismiss. Signed by Judge Peter G. Sheridan on 12/11/2019. (jdb)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
PETER KLAH,
Petitioner,

:

Civ. No. 16-8791 (PGS)

:

MEMORANDUM AND ORDER

V.

ATTORNEY GENERAL OF THE STATE OF
NEW JERSEY, et al.,
Respondents.

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
pursuant to 28 U.S.C.

§ 2254.

Presently pending before this Court is petitioner’s “motion to

dismiss.” (See ECF 55). Petitioner complains that respondents failed to comply within the time
allotted by this Court to file its answer. Petitioner is mistaken. Indeed, as noted in this Court’s
October 21, 2019 order, respondents filed their answer on September 30, 2019. (See ECF 51 &
53). Nevertheless, this Court ordered respondents to serve another copy of their answer on
petitioner. (See ECF 53). Respondents complied with this Court’s order by serving petitioner.
(See ECF 54). ‘Therefore, petitioner’s motion to dismiss is denied.’
Accordingly, IT IS this

/)

day of December, 2019,

ORDERED that petitioner’s motion to dismiss (ECF 55) is denied; and it is further
ORDERED that the Clerk shall serve this memorandum and order on petitioner by
regular U.S. mail.

PETER G. SHERIDAN
United States District Judge
It is worth noting that petitioner submitted his traverse to respondents’ answer along with his
motion to dismiss. (See ECF 5 5-2). Thus, this matter is now fully briefed and will be analyzed in
due course.