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Lujan v. Yates

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


April 29, 2009

MICHAEL V. LUJAN, PETITIONER,
v.
WARDEN JAMES YATES, RESPONDENT.

ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. On April 8, 2009, petitioner requested an extension of time to file an opposition to respondent's motion to dismiss. See Fed. R. Civ. P. 6(b). On April 15, 2009, the court granted petitioner's request. On the same day, however, petitioner mailed to the court an opposition to the motion to dismiss, as his request for an extension of time had not yet been ruled on. See Pet.'s Apr. 24, 2009 Request. Petitioner now seeks clarification as to whether the court is requesting that he prepare another opposition brief, given that the court granted him an extension of time to do so. Id. Petitioner does not, however, request leave to file an amended opposition brief.

Accordingly, it is hereby ORDERED that the April 15, 2009 order is vacated, and in light of petitioner's April 22, 2009 opposition brief, the motion to dismiss stands submitted.

20090429

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