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Hess v. Tennis

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


October 16, 2006

CHRISTOPHER R. HESS, PETITIONER
v.
MAJOR FRANK TENNIS, ET AL., RESPONDENTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 16th day of October, 2006, upon consideration of petitioner's motion (Doc. 92) for leave to file a second amendment to the amended petition pursuant to 28 U.S.C. § 2254,*fn1 filed on September 27, 2006, and it appearing that a brief in support of the motion has not been filed as of the date of this order, see L.R. 7.5 ("Within ten (10) days after the filing of any motion filed prior to trial, the party filing the same shall file a brief . . . ."), it is hereby ORDERED that:

1. Petitioner shall file, on or before November 3, 2006, a brief in support of the motion (Doc. 92) for leave to file a second amendment to the amended petition. See L.R. 7.5.

a. The brief in support shall address the effect of the proposed amendment on the report and recommendation of the magistrate judge (Doc. 87).

b. Failure to comply with this paragraph shall result in the motion being deemed withdrawn. See L.R. 7.5.

2. Respondents shall be permitted to file, on or before November 17, 2006, a brief in opposition of the motion (Doc. 92) for leave to file a second amendment to the amended petition. See L.R. 7.6.

CHRISTOPHER C. CONNER United States District Judge


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