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Salazar v. Cate

September 2, 2010

JOSE ESCOBEDO SALAZAR, PETITIONER,
v.
MATTHEW CATE, ET AL., RESPONDENTS.



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

ORDER

Petitioner is a state prisoner proceeding pro se with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 4, 2010, this court ordered petitioner to show cause why respondent's motion to dismiss should not be granted. On August 20, 2010, petitioner declared in his response that he never received respondent's motion to dismiss. Based on petitioner's declaration, IT IS HEREBY ORDERED:

1. The order to show cause is discharged; 2. Petitioner has 28 days from the service of this order to respond to the motion to dismiss; and

3. The Clerk of Court is directed to send petitioner a copy of Doc. No. 14 enclosed with this order.

20100902

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