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Johnson v. Tennis

June 8, 2009

JESSE O. JOHNSON, JR., PETITIONER
v.
FRANKLIN J. TENNIS, ET AL., RESPONDENTS



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 8th day of June, 2009, upon consideration of pro se petitioner's motion (Doc. 42) to strike respondents' amended motion (Doc. 26) to dismiss, wherein petitioner avers that he "has not been served any Amended Motion to Dismiss from respondents," (id. ¶ 6), and it appearing that the amended motion to dismiss was mailed to petitioner's address at SCI Rockview, (see Doc. 26 at 5), it is hereby ORDERED that:

1. Petitioner's motion (Doc. 42) to strike respondents' amended motion (Doc. 26) to dismiss is DENIED.

2. The Clerk of Court is directed to serve petitioner with a copy of respondents' amended motion (Doc. 26) to dismiss the petition for writ of habeas corpus.

3. Petitioner shall have thirty (30) days from the date of this order to file any objections to respondents' amended motion (Doc. 26) to dismiss.

CHRISTOPHER C. CONNER United States District Judge

20090608

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