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Heredia v. Martel

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


November 15, 2010

AARON AUGUSTINE HEREDIA, PETITIONER,
v.
MICHAEL MARTEL, RESPONDENT.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is respondent's motion to dismiss this petition as untimely (Doc. 14). In his opposition, petitioner notes that respondent failed to consider a state post-conviction action filed in the Solano County Superior Court when discussing the applicability of statutory tolling to this case. In reply, respondent concedes the error and withdraws his motion. Accordingly, the motion is withdrawn and respondent shall file an answer to the petition within 60 days of the date of this order.

IT IS SO ORDERED.

20101115

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