Babos v. Welch

Filing 12

Memorandum Opinion and Order. On September 24, 2009 petitioner filed a "Motion To Compel Warden To File Complete Record" (Doc.# re 10 and a related "Motion for 30-Day Enlargement of Time to File Traverse" (Doc. # 9 . Thi s Court, by inadvertence issued a Report and Recommendation on October 1, 2009 (Doc. # 11 , before the time provided under the Local rules for respondent to respond to those motions had elapsed and without ruling upon the motions, which this Court r ecognizes was inappropriate. Therefore, this Court now withdraws the Report and Recommendation, and will grant respondent to November 23, 2009 to respond to these motions. Further, now being aware that Judge Zouhary's show cause order has provis ions for tendering a traverse and a response thereto, petitioner will be afforded the opportunity to file a traverse, with a response thereto by respondent, before a final version of a Report and Recommendation is issued by this Court. IT IS SO ORDERED.Signed by Magistrate Judge David S. Perelman on 10/14/09. (W,Jo)