Opinion
1:21-cv-1085
12-15-2021
ERIC DIAZ, Petitioner v. GREGORY BRIGGS, et al., Respondent
ORDER
Sylvia H. Rambo United States District Judge
AND NOW, on this 14th day of December 2021, for the reasons set forth in the accompanying memorandum, IT IS ORDERED THAT:
1. Respondents' request to file a partial response to the petition for writ of habeas corpus, (See Doc. No. 13 at 1), is GRANTED;
2. Respondents' argument that the petition should be dismissed as untimely is REJECTED;
3. Petitioner's motion for summary judgment (Doc. No. 2) is DENIED WITHOUT PREJUDICE;
4. Within fourteen (14) days of the date of this order, Respondents shall file an additional answer, motion, or other response to the allegations of the petition. See Rule 5, 28 U.S.C. foll. § 2254;
5. Petitioner shall, if he so desires, file a reply to Respondents' answer or other pleading within fourteen (14) days after its filing. See Rule 5(e), 28 U.S.C. foll. § 2254; and
6. A determination as to whether or not Petitioner shall be produced for a hearing will be held in abeyance pending the filing of Respondents' answer or other pleading.