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Jeffrey A. Pate v. Warden Martel

December 22, 2010

JEFFREY A. PATE, PETITIONER,
v.
WARDEN MARTEL, RESPONDENT.



The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

On September 30, 2010, respondent filed a motion to dismiss on grounds that petitioner's conviction was not yet final. On December 15, 2010, respondent filed a motion to withdraw this motion on grounds that the state direct review process is now final.

Good cause appearing, IT IS HEREBY ORDERED that:

1. Respondent's motion to withdraw the motion to dismiss (Dkt. No. 20) is granted; respondent's motion to dismiss (Dkt. No. 14) is withdrawn;

2. Within sixty days of the date of this order, respondent shall file a response to the petition; petitioner's reply is due within thirty days thereafter.

20101222

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