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Fernando v. Marshall

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


February 20, 2009

LORETO L. FERNANDO, PETITIONER,
v.
JOHN MARSHALL, RESPONDENT.

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

ORDER

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.

20090220

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