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Prado v. Clark

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


January 30, 2009

ALEJANDRO PRADO, PETITIONER,
v.
KEN CLARK, WARDEN, RESPONDENT.

The opinion of the court was delivered by: William M. Wunderlich United States Magistrate Judge

ORDER DENYING MOTION TO STRIKE

[Doc. 18]

Petitioner is a state prisoner proceeding pro se on a petition for writ of habeas corpus pursuant to 28 U.S.C. Section 2254. Respondent's motion to dismiss is pending. On December 12, 2008, Petitioner filed a motion to strike portions of Respondent's reply to Petitioner's opposition to the motion. The court has reviewed the specific portions of the reply referenced by Petitioner and finds no merit to Petitioner's claim that Respondent misrepresents the arguments Petitioner makes in his opposition. Accordingly, Petitioner's motion to strike is HEREBY DENIED.

IT IS SO ORDERED.

20090130

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