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Richard A. Hernandez, Jr v. Greg D. Lewis

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


August 5, 2011

RICHARD A. HERNANDEZ, JR., PETITIONER,
v.
GREG D. LEWIS, RESPONDENT.

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

ORDER

Petitioner is a state prisoner proceeding without counsel with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 25, 2011, petitioner filed a motion for default, based on respondent's alleged failure to file a reply. However, the Rules Governing Habeas Corpus Cases Under Section 2254 contemplate the filing of a petition, an answer, and a reply, if filed. Id., Rules 2 & 5. Petitioner filed a petition, respondent filed an answer, and petitioner filed a reply on June 24, 2011. No further pleadings are permitted. Id.

IT IS ORDERED that petitioner's July 24, 2011 motion for default is denied.

hern1342.def

20110805

© 1992-2011 VersusLaw Inc.



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