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Howard v. Warren

April 12, 2010

BRUCE ALAN HOWARD, PETITIONER,
v.
MILLICENT WARREN, RESPONDENT.



The opinion of the court was delivered by: Paul D. Borman United States District Judge

ORDER DIRECTING RESPONDENT TO FILE AN ANSWER TO PETITIONER'S MOTION FOR RELIEF FROM JUDGMENT

Pending before the Court is petitioner Bruce Alan Howard's motion for relief from the Court's judgment dismissing his habeas corpus petition as barred by the one-year statute of limitations. Petitioner purports to have proof that he filed a post-conviction motion in the trial court on March 23, 1998. He maintains that the Court erred in concluding that there was no activity in his case from March 28, 1997, until April 7, 2003.

Respondent is ORDERED to file an answer to Petitioner's motion within twenty-eight (28) days from the date of this order. If Respondent agrees with Petitioner that his claims are not time-barred and that he is entitled to relief from the Court's judgment, Respondent also shall file within twenty-eight days of this order an answer to the habeas petition and portions of the state court record that are needed to adjudicate the issues.

PAUL D. BORMAN UNITED STATES DISTRICT JUDGE

20100412

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