Opinion
No. CIV S-06-1876 RRB GGH P, No. CIV S-10-2316 RRB GGH P.
September 15, 2011
ORDER
Petitioner in both cases, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The above two cases have been consolidated. On August 12, 2011, in case 06-1876 petitioner filed a motion (Doc. 25) noting that respondent had not filed an answer on time. Petitioner is mistaken, respondent requested an extension which appeared in case 10-2316 which was granted and respondent filed the answer on August 9, 2011. Therefore, respondent's answer is timely filed.
In accordance with the above, IT IS HEREBY ORDERED that:
1. The motion for default judgement (Doc. 25 in CIV S-06-1876 RRB GGH) is denied and respondent's answer is timely filed.
2. The Clerk of the Court is directed to docket respondent's answer, Doc. 23 in CIV S-06-1876 RRB GGH onto the docket in CIV S-10-2316 RRB GGH P
DATED: September 14, 2011