Evans v. McDonough

Full title: BOBBY D. EVANS, Petitioner, v. JAMES R. McDONOUGH, Respondent

Court: United States District Court, N.D. Florida, Pensacola Division

Date published: May 30, 2007

Case No.: 3:07cv98/LAC/EMT (N.D. Fla. May. 30, 2007)

Opinion

Case No.: 3:07cv98/LAC/EMT.

May 30, 2007

ORDER

ELIZABETH TIMOTHY, Magistrate Judge

Petitioner initiated this action by filing a petition for writ of habeas corpus under 28 U.S.C. § 2254 (Doc. 1). Petitioner also filed a "Motion for Order to Stay and Hold in Abeyance Ruling on Petitioner's 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus" (Doc. 2), which he now seeks to withdraw ( see Doc. 17 at 4-5). Respondent filed a motion to dismiss the habeas petition on the ground that it was untimely filed pursuant to 28 U.S.C. § 2244(d) (Doc. 13), but Respondent has now filed a motion to withdraw the motion to dismiss (Doc. 18). Respondent filed a motion for enlargement of time of forty-five (45) days to file an answer to the habeas petition (Doc. 19). Good causing having been shown, the motion for extension of time shall be granted.

Accordingly, it is ORDERED:

1. Petitioner's "Motion for Order to Stay and Hold in Abeyance Ruling on Petitioner's 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus" (Doc. 2) is deemed WITHDRAWN.

2. Respondent's Motion to Withdraw Respondent's Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 18) is GRANTED, and the Motion to Dismiss Petition for Writ of Habeas Corpus (Doc. 13) is deemed WITHDRAWN.

3. Respondent's Motion for Enlargement of Time to Answer Petition for Writ of Habeas Corpus (Doc. 19) is GRANTED. Respondent shall file an answer to the habeas petition on or before JULY 13, 2007.

DONE AND ORDERED.