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Johnson v. Yates

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


March 3, 2010

OSHAY L. JOHNSON, PETITIONER,
v.
JAMES YATES, WARDEN RESPONDENT.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER DIRECTING RESPONDENT TO FILE RESPONSE TO PETITIONER'S OPPOSITION TO THE MOTION TO DISMISS

[Doc. 18]

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

On October 9, 2009, Respondent filed a motion to dismiss the instant petition as duplicative, untimely, and for failure to state a cognizable claim. (Court Doc. 15.) On December 17, 2009, the undersigned issued Findings and Recommendation to grant Respondent's motion to dismiss. (Court Doc. 19.) However, on the same date, Petitioner filed an opposition to Respondent's motion, with a proof of service date of December 6, 2009-which is timely under the mailbox rule.*fn1 (Court Doc. 18.)

The Court finds it necessary for Respondent to submit a response to Petitioner's claim that his sentence was modified by way of an amended abstract of judgment on August 16, 2007.

(Exhibit A, to Opposition.) Accordingly, it is HEREBY ORDERED that within twenty (20) days from the date of service of this order, Respondent shall file a response to Petitioner's opposition to the motion to dismiss.

IT IS SO ORDERED.


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