Righetti v. Hedgpeth

Filing 18

ORDER DIRECTING Respondent to Submit Reply to Petitioner's 17 Opposition Addressing Issue of Equitable Tolling signed by Magistrate Judge Dennis L. Beck on 3/2/2010. Reply due by 4/2/2010.(Bradley, A)

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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 A. HEDGPETH, 13 Respondent. 14 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. Pursuant to 28 U.S.C. § 636(c)(1), the parties have consented to 17 the jurisdiction of the United States Magistrate Judge. 18 On November 20, 2009, Respondent filed a motion to dismiss the petition as untimely 19 under § 2244(d). Petitioner filed a timely opposition on February 18, 2010. (Court Doc. 17.) 20 Petitioner raises several grounds he claims he is entitled to equitable tolling, including, but not 21 limited to, mental incompetency. The Court finds it necessary for Respondent to address 22 Petitioner's claims. Accordingly, it is HEREBY ORDERED that within thirty (30) days from the 23 date of service of this order, Respondent shall file a reply to Petitioner's opposition. 24 IT IS SO ORDERED. 25 26 27 28 1 Dated: 3b142a / [Doc. 17] v. GERALD RIGHETTI, Petitioner, 1:09-cv-01626-DLB (HC) ORDER DIRECTING RESPONDENT TO SUBMIT REPLY TO PETITIONER'S OPPOSITION ADDRESSING ISSUE OF EQUITABLE TOLLING UNITED STATES DISTRICT COURT March 2, 2010 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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