Opinion
Case No. 5:07cv159.
January 7, 2008
ORDER GRANTING MOTION TO AMEND/CORRECT ORDER TO SHOW CAUSE
On December 28, 2007, the undersigned issued an Order to Show Cause which mistakenly stated that the petitioner filed his petition on December 16, 2007, rather than December 5, 2007. On January 4, 2008, the petitioner filed a Motion to Amend/Correct the Order to Show Cause. Said Motion (Doc. 11) is GRANTED and this Amended Order to Show Cause shall supercede the original Order to Show Cause (Doc. 10).
Pursuant to LR PL P 83.09, the undersigned has made a preliminary review of the petition and finds that summary dismissal of the same is not warranted. Therefore, the Warden shall have thirty (30) days from the date of this Order to show cause why the writ should not be granted. Petitioner has thirty (30) days from the date a response is filed to file any reply he may have. Pursuant to Rule 7 of the Federal Rules of Civil Procedure, no other pleadings will be accepted without the express order of the court upon a timely motion duly made.
"There shall be a complaint and an answer . . . [n]o other pleading shall be allowed, except that the court may order a reply to answer . . ." Fed.R.Civ.P 7(a).
IT IS SO ORDERED.
The Clerk mail a copy of this Order to the pro se petitioner and provide a copy to all counsel of record.