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Johnny C. Thomas v. Gary Swarthout

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


November 6, 2012

JOHNNY C. THOMAS, PETITIONER,
v.
GARY SWARTHOUT, RESPONDENT.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

In light of the district court's September 26, 2012 resolution of the remaining claim at issue in respondent's June 28, 2011 motion to dismiss, the court will order respondent to file an answer to those claims remaining in this action. Respondent is advised that if he wishes to argue that petitioner's ineffective assistance claim as to attorney Moe should be dismissed on the ground of procedural bar or for any other reason, he may do so (see Dkt. No. 60 at 1-2); however, respondent's answer should alternatively address this claim on the merits.

IT IS HEREBY ORDERED that respondent shall file an answer to petitioner's claims of ineffective assistance challenging the effectiveness of petitioner's preliminary hearing counsel, Dawn Polvorosa; plaintiff's trial counsel, Ronald Moe; and any other remaining claims, within sixty days. Petitioner's reply, if any, shall be due thirty days thereafter.

20121106

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