UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
December 6, 2010
K. ALLISON, WARDEN RESPONDENT.
The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
ORDER DENYING PETITIONER'S MOTION FOR JUDGMENT ON MERITS
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
This case is ready for review on the merits, as Respondent filed an answer to the petition on October 28, 2010, and Petitioner filed a traverse on November 23, 2010.
On September 24, 2010, Petitioner filed a motion for judgment on the merits. Petitioner argues that because Respondent filed a motion for an extension of time to file an answer, Respondent has failed to comply with this Court's order to respond. Contrary to Petitioner's claim, Respondent's counsel timely filed a motion for an extension of time and set forth good cause to extend the time to respond. As previously stated, Respondent filed a timely answer to the petition on October 28, 2010, and the Court will issue a ruling in due course. Based on the foregoing, Petitioner's motion for judgment on the merits is DENIED.
IT IS SO ORDERED.
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