Opinion
No. 2:12-cv-0056 JAM CKD P
07-20-2012
TERRENCE WEBB, Petitioner, v. MAURICE JUNIOUS, Respondent.
ORDER
Petitioner is a California prisoner proceeding pro se with petition for writ of habeas corpus under 28 U.S.C. § 2254. Respondent has filed a motion to dismiss this action as time-barred. After reviewing respondent's motion and petitioner's opposition, the court has determined that it requires more information. Accordingly IT IS HEREBY ORDERED that:
1. Within 21 days, petitioner shall file an affidavit, signed under the penalty of perjury, in which petitioner indicates how and when he learned that the California Court of Appeal had affirmed his conviction and sentence.
2. Failure to file the affidavit described above within 21 days will result in a recommendation that this action be dismissed without prejudice.
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE