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Prasad v. Yates

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


June 25, 2009

REGINAL PRASAD, PETITIONER,
v.
JAMES A. YATES, WARDEN, RESPONDENT.

ORDER

Petitioner is a state prisoner proceeding through counsel with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 22, 2009, respondent filed a motion to dismiss the petition as barred by the statute of limitations.*fn1 On the same day, petitioner filed a motion for a court-ordered briefing schedule on respondent's motion.

Good cause appearing, IT IS HEREBY ORDERED that:

1. Petitioner's June 22, 2009 motion for a briefing schedule is granted;

2. Petitioner's opposition to respondent's motion shall be filed and served within twenty-one days from the date of this order;

3. Respondent's reply, if any, shall be filed and served within seven days thereafter; and

4. Thereafter, the motion shall be submitted for decision on the papers without oral argument.


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