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PATE v. MARTEL

United States District Court, E.D. California
Dec 22, 2010
No. 2: 10-cv-1448 FCD KJN P (E.D. Cal. Dec. 22, 2010)

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 No. 14) is withdrawn;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


Summaries of

PATE v. MARTEL

United States District Court, E.D. California
Dec 22, 2010
No. 2: 10-cv-1448 FCD KJN P (E.D. Cal. Dec. 22, 2010)
Case details for

PATE v. MARTEL

Case Details

Full title:JEFFREY A. PATE, Petitioner, v. WARDEN MARTEL, Respondent

Court:United States District Court, E.D. California

Date published: Dec 22, 2010

Citations

No. 2: 10-cv-1448 FCD KJN P (E.D. Cal. Dec. 22, 2010)