Daniels v. Swarthout
Filing
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ORDER signed by Magistrate Judge Dale A. Drozd on 06/07/11 ordering the court's 05/10/11 order to show cause is discharged. Respondent shall file a reply, if any, within 14 days of the date of this order. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ISIAH DANIELS,
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Petitioner,
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vs.
GARY SWARTHOUT, Warden,
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Respondent.
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ORDER
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No. CIV S-10-3347 DAD P
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
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On March 24, 2011, respondent filed a motion to dismiss. Petitioner had not filed
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an opposition to the motion, so on May 10, 2011, the court issued an order to show cause and
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ordered petitioner to file an opposition within twenty-one days. Petitioner has since filed his
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opposition. Good cause appearing, the court will discharge its order to show cause.
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Accordingly, IT IS HEREBY ORDERED:
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1. The court’s May 10, 2011 order to show cause is discharged; and
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2. Respondent shall file a reply, if any, within fourteen days of the date of this
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order.
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DATED: June 7, 2011.
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DAD:9
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