Opinion
No. 2: 10-cv-1448 FCD KJN P.
December 22, 2010
ORDER
On September 30, 2010, respondent filed a motion to dismiss on grounds that petitioner's conviction was not yet final. On December 15, 2010, respondent filed a motion to withdraw this motion on grounds that the state direct review process is now final.
Good cause appearing, IT IS HEREBY ORDERED that:
1. Respondent's motion to withdraw the motion to dismiss (Dkt. No. 20) is granted; respondent's motion to dismiss (Dkt. No. 14) is withdrawn;
2. Within sixty days of the date of this order, respondent shall file a response to the petition; petitioner's reply is due within thirty days thereafter.
DATED: December 22, 2010