IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 22, 2010
JEFFREY A. PATE, PETITIONER,
WARDEN MARTEL, RESPONDENT.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
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 No. 14) is withdrawn;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.
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