IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 14, 2008
JOSE PEREZ, PETITIONER,
DERRELL G. ADAMS, WARDEN, RESPONDENT.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Pursuant to the Order, filed on 10/27/08 (Docket # 38), counsel for petitioner has filed an opposition (Docket # 40) to respondent's pending motion to dismiss (Docket # 34). Having reviewed the moving and opposition papers, the court finds oral argument to be unnecessary.
Accordingly, IT IS ORDERED that the hearing on respondent's motion to dismiss, rescheduled for hearing on 11/20/08, per Docket # 38, is hereby VACATED from the court's calendar, and the matter is deemed submitted on the papers.
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