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Garcia v. California Dep't of Corrections

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 2, 2010

GUILLERMO GARCIA, PETITIONER,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DEEMING PETITIONER'S TRAVERSE (DOC. 19) TO BE AN OPPOSITION TO RESPONDENT'S MOTION TO DISMISS ORDER PERMITTING RESPONDENT TO FILE A REPLY NO LATER THAN SEVEN (7) DAYS AFTER THE DATE OF SERVICE OF THIS ORDER

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter has been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 304.

On May 27, 2010, Petitioner filed a document entitled as a traverse (doc. 19), but which addresses the motion to dismiss filed by Respondent on March 4, 2010. The Court therefore DEEMS the traverse to be an opposition to the Respondent's motion to dismiss.

Respondent MAY FILE a reply to the opposition no later than seven (7) days after the date of service of this order.

IT IS SO ORDERED.

20100602

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