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Ford v. Carey

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


August 17, 2009

JEFFREY DEAN FORD, PETITIONER,
v.
TOM L. CAREY RESPONDENT.

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

ORDER

Petitioner, a state prisoner proceeding with appointed counsel, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 29, 2009, respondent filed a motion to dismiss on the grounds that several claims were filed outside the one-year statute of limitations set forth in 28 U.S.C. 2244(d). The motion was set for oral argument before the court on August 20, 2009, at 10:00 am. Petitioner has not filed an opposition to the motion to dismiss.

Accordingly, IT IS HEREBY ORDERED that counsel for both parties shall appear prepared for oral arguments on August 20, 2009, at 10:00 am and petitioner's counsel will inform the court why no opposition was filed. At that time, the court will make a determination whether petitioner's counsel can make a supplemental filing and if oral arguments on the motion to dismiss will occur.

20090817

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