IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 14, 2010
JAY MATSON, PETITIONER,
KATHLEEN ALLISON, RESPONDENT.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
On July 7, 2010, respondent filed a motion to dismiss. Petitioner failed to file an opposition. Accordingly, on August 12, 2010, petitioner was ordered to show cause why his failure to oppose respondent's motion should not be deemed a waiver of opposition.
On September 3, 2010, petitioner filed a response to the order to show cause. Petitioner states that he mailed his opposition on August 5, 2010. Attached to petitioner's September 3, 2010 pleading is a copy of his opposition although the proof of service does not state the date on which it was mailed.
Good cause appearing, petitioner's opposition is deemed timely filed and the order to show cause is discharged.
Accordingly, IT IS HEREBY ORDERED that:
1. The August 12, 2010 order to show cause is discharged;
2. Petitioner's opposition, attached to his September 3, 2010 pleading, is deemed timely filed; respondent may file a reply within fourteen days of this order; following that time, respondent's motion to dismiss will be submitted for decision.
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