Opinion
Civil Action No. 11-cv-02500-BNB.
October 24, 2011
ORDER GRANTING RESPONDENT EXTENSION OF TIME TO FILE RESPONSE TO MOTION TO AMEND AND HABEAS CORPUS APPLICATION
As part of the preliminary consideration of the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 filed in this case on September 30, 2011, the Court determined that a limited preliminary response to the habeas corpus application was appropriate. Therefore, on October 4, 2011, the Court directed Respondent pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts to file within twenty-one days a preliminary response limited to addressing the affirmative defenses of timeliness under 28 U.S.C. § 2244(d) and/or exhaustion of state court remedies.
On October 14, 2011, Applicant filed a motion titled "Motion to Amend Habeas Application." See ECF No. 6. Respondent will be directed to respond to the motion to amend at the same he files his preliminary response, and will be allowed an additional twenty-one days from the date of this order to do so. The deadline for filing the preliminary response listed in the October 4 order will be vacated.
Accordingly, it is
ORDERED that within twenty-one (21) days from the date of this order Respondent shall file a response to the motion to amend filed on October 14, 2011, at the same time he files a preliminary response that complies with the October 4, 2011, order. It is
FURTHER ORDERED that the deadline for filing the preliminary response listed in the October 4 order is vacated. It is
FURTHER ORDERED that within twenty-one (21) days of the filing of the preliminary response Applicant may file a reply, if he desires.