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Barker v. Neuschmid, 2:18-cv-3053 TLN AC P. (2019)

Court: District Court, E.D. California Number: infdco20190521a52 Visitors: 6
Filed: May 20, 2019
Latest Update: May 20, 2019
Summary: ORDER ALLISON CLAIRE , District Judge . Currently pending for decision by the court is respondent's motion to dismiss petitioner's petition for writ of habeas corpus. See ECF Nos. 1, 13. Plaintiff timely filed an opposition, ECF No. 16; respondent did not file a reply. The court finds that further briefing by respondent would be beneficial, particularly in response to petitioner's reliance on Haygood v. Younger, 769 F.2d 1350 (1985) (en banc), cert. denied sub nom Cranke v. Haygood,
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ORDER

Currently pending for decision by the court is respondent's motion to dismiss petitioner's petition for writ of habeas corpus. See ECF Nos. 1, 13. Plaintiff timely filed an opposition, ECF No. 16; respondent did not file a reply. The court finds that further briefing by respondent would be beneficial, particularly in response to petitioner's reliance on Haygood v. Younger, 769 F.2d 1350(1985) (en banc), cert. denied sub nom Cranke v. Haygood, 478 U.S. 1020 (1986). See ECF No. 16 at 2-3.

Accordingly, IT IS HEREBY ORDERED that, within twenty-one (21) days after the filing date of this order, respondent shall file and serve a reply to petitioner's opposition.

SO ORDERED.

Source:  Leagle

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