IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 20, 2009
LORETO L. FERNANDO, PETITIONER,
JOHN MARSHALL, RESPONDENT.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
In an Order, filed on 2/17/09 (docket # 23), petitioner was granted thirty days to file his opposition to respondent's motion to dismiss, filed on 1/07/09 (# 19), and informed that should he fail to do so, his objections, filed on 2/02/09 (# 21), would constitute his sole opposition. He was further informed that should he file a further opposition in response to that order, any such filing would constitute his opposition in full. It appears that subsequent to the filing of the 2/02/09 objections but prior to the filing of the Order of 2/17/09, petitioner did file, on 2/09/09 (# 22), his opposition to the motion.
Accordingly, IT IS HEREBY ORDERED that:
1. Petitioner's opposition to the pending motion to dismiss has been filed as of 2/09/09 (# 22);
2. To the extent that petitioner was directed to file further opposition in the Order, filed on 2/17/09 (# 23), that portion of the order is vacated;
3. Respondent has 15 days from the date of this Order to file any reply, after which this matter will be deemed submitted.
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