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Schuster v. Espinoza, 1:12-cv-01482-AWI SAB. (2018)

Court: District Court, E.D. California Number: infdco20180927707 Visitors: 6
Filed: Sep. 26, 2018
Latest Update: Sep. 26, 2018
Summary: ORDER RE PETITIONER'S NOTICE OF INTENT TO RELY ON PETITION ON FILE (ECF No. 125) STANLEY A. BOONE , Magistrate Judge . Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. On July 19, 2018, an order was filed requiring Petitioner to either file an amended petition or a notice of intent to rely on the petition filed in this matter. On September 25, 2018, Petitioner filed a notice of intent to rely on the petition filed. Accordingl
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ORDER RE PETITIONER'S NOTICE OF INTENT TO RELY ON PETITION ON FILE (ECF No. 125)

Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 19, 2018, an order was filed requiring Petitioner to either file an amended petition or a notice of intent to rely on the petition filed in this matter. On September 25, 2018, Petitioner filed a notice of intent to rely on the petition filed.

Accordingly, IT IS HEREBY ORDERED that:

1. Respondent shall file an answer to the Petition (ECF No. 4) within SIXTY (60) days of the date of service of this order. See Rule 4, Rules Governing Section 2254 Cases; Cluchette v. Rushen, 770 F.2d 1469, 1473-74 (9th Cir. 1985) (court has discretion to fix time for filing a response); and 2. Petitioner may file a reply within THIRTY (30) days of the date Respondent's answer is filed with the Court; and 3. If no Reply is filed, the petition and answer shall be deemed submitted at the expiration of the thirty days.

IT IS SO ORDERED.

Source:  Leagle

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