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DYE v. BARNES, 2:12-cv-2201-TLN-EFB P (2014)

Court: District Court, E.D. California Number: infdco20141112921 Visitors: 18
Filed: Nov. 10, 2014
Latest Update: Nov. 10, 2014
Summary: [PROPOSED] ORDER EDMUND F. BRENNAN, Magistrate Judge. Pursuant to Respondent's November 6, 2014 unopposed request, and good cause therefor appearing, it is hereby ORDERED: 1. The July 23, 2014 motion to dismiss for untimeliness is withdrawn, without prejudice to raising the issue on a claim-by-claim basis in an answer; 2. The November 19, 2014 hearing on the July 23, 2014 motion is vacated. 3. The October 20, 2014 order to show cause is discharged as moot. 4. Respondent
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[PROPOSED] ORDER

EDMUND F. BRENNAN, Magistrate Judge.

Pursuant to Respondent's November 6, 2014 unopposed request, and good cause therefor appearing, it is hereby ORDERED:

1. The July 23, 2014 motion to dismiss for untimeliness is withdrawn, without prejudice to raising the issue on a claim-by-claim basis in an answer;

2. The November 19, 2014 hearing on the July 23, 2014 motion is vacated.

3. The October 20, 2014 order to show cause is discharged as moot.

4. Respondent shall file an answer within sixty days of the filing of this order, and any traverse is due within sixty days of the filing of the answer.

So Ordered.

Source:  Leagle

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