Scheetz v. Weber et al
Filing
14
ORDER re 4 Memorandum Opinion and Order. Scheetz may have until June 14, 2013, to file a substantive responsive brief. Signed by US Magistrate Judge John E. Simko on 5/31/13. (DJP)
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
FILED
MAY 3 1 2013
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DARYL T. SCHEETZ,
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CIY. 13-4011
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-vs*
ORDER
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DOUGLAS WEBER, Warden; and
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THE ATTORNEY GENERAL OF THE
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STATE OF SOUTH DAKOTA;
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Respondents.
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Petitioner,
On May 29,2013, Petitioner filed his response to the February 5,2013 Opinion and Order.
Rather than filing a substantive response, Petitioner correctly pointed out an error in the order.
Accordingly, itis
ORDERED that:
1.
Paragraph 2 on page 3 ofthe February 5,2013 Opinion and Order is amended to read
as follows: " ... the parties shall file briefs, documentation, and/or other appropriate
authority showing cause why Scheetz's federal habeas petition, filed January 28,
2013, should not be dismissed as untimely pursuant to 28 U.S.C. ยง 2244(d)(1).
2.
Scheetz may have until June 14, 2013, to file a substantive responsive brief.
Dated this
JI day of May, 2013.
BY THE COURT:
Jo
imko
tates Magistrate Judge
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