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Michael J. Brodheim v. Kathleen Dickinson

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


March 6, 2013

MICHAEL J. BRODHEIM, PETITIONER,
v.
KATHLEEN DICKINSON, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Previously pending on this court's law and motion calendar for February 28, 2013, was petitioner's request to vacate motions and scheduling dates, filed January 24, 2013, based on the Board of Parole Hearings' grant of parole. Having reviewed respondent's opposition and heard oral argument, the court now issues the following order.*fn1

For reasons stated at hearing, IT IS ORDERED that:

1. Respondent's motion to dismiss, filed September 26, 2011, is reinstated.

2. Respondent shall file an opposition by June 21, 2013. Should the Governor affirm the Board's decision prior to this date, petitioner shall file a statement to this effect in place of an opposition.

3. A reply may be filed by June 28, 2013. The motion will then be taken under submission without a hearing.


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