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Josh Thomas v. K. Allison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 6, 2010

JOSH THOMAS,
PETITIONER,
v.
K. ALLISON, WARDEN RESPONDENT.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

[Doc. 15]

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.

/s/

icido3

20101206

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