Opinion
No. 2: 09-cv-3147 KJM DAD P
09-18-2012
ORDER
Petitioner is a state prisoner proceeding pro se with a second amended petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Respondent answered the second amended petition on August 2, 2011. Petitioner was then granted multiple extensions of time to file a traverse. Instead, on April 2, 2012, petitioner filed a motion for leave to file a third amended petition for writ of habeas corpus. To date, respondent has not filed either a response in opposition to the motion for leave to file a third amended petition nor a statement of non-opposition.
Accordingly, IT IS HEREBY ORDERED that respondent shall file and serve her opposition, or a statement of non-opposition, to petitioner's motion for leave to file a third amended petition within twenty-one (21) days of the date of this Order.
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DALE A. DROZD
UNITED STATES MAGISTRATE JUDGE