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McDaniel v. Felker

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 14, 2008

ROBERT D. MCDANIEL, PETITIONER,
v.
T. FELKER, WARDEN, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

By Order, filed on 7/18/08, respondent was directed to show cause for the failure to file a timely response to petitioner's amended petition, filed on 3/18/08, and to file a responsive pleading within 20 days. Respondent filed an answer and a response to the show cause order, on 8/05/08. Respondent's counsel admits to an error in calendaring the due date of the response based on the filing of the amended petition, which deadline was not triggered because his office case management system did not show receipt of the amended petition. Respondent apologizes for the mistake, evidently made in good faith.*fn1

Accordingly, IT IS ORDERED that by the 8/05/08 response, respondent has discharged the 7/18/08 show cause order.


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