GETHANGE v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, 3:20-cv-00713-GC

3:20-cv-00713-GC | D.N.J. | Nov 29, 2022

CASTNER, District Judge

Petitioner, Stephen O. Gethange (“Petitioner” or “Gethange”) is a state prisoner incarcerated at the South Woods State Prison in Bridgeton, New Jersey. He is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. ( See ECF 1). Presently pending is Respondent’s Motion to Dismiss the habeas petition for untimeliness. ( See ECF 12 & 13).

Petitioner’s response to Respondent’s Motion to Dismiss was due on or before October 28, 2022. To date, Petitioner has not filed a response to Respondent’s Motion to Dismiss. Out of an abundance of caution, and in the interest of justice, this Court will give Petitioner one final opportunity in which to file his response to the Motion to Dismiss.

Accordingly, IT IS on this 29 th day of November, 2022, ORDERED that Petitioner shall have thirty (30) days from the date this Memorandum and

Order is entered in which to file his response to Respondent’s Motion to Dismiss; and it is further ORDERED that given the additional time this Court is giving Petitioner to file a response, the Clerk shall administratively terminate Respondent’s Motion to Dismiss (ECF 12), subject to Case 3:20-cv-00713-GC Document 17 Filed 11/29/22 Page 2 of 2 PageID: 453 the Motion’s reinstatement by this Court upon Petitioner either filing a response to the Motion to Dismiss or the expiration of the thirty-day period given Petitioner in which to file his response; and it is further

ORDERED that if Petitioner files a response to Respondent’s Motion to Dismiss, Respondent shall have ten (10) days in which to file a reply; and it is further ORDERED that the Clerk shall serve this Memorandum and Order on Petitioner by regular U.S. mail. s/ Georgette Castner ______________________________

GEORGETTE CASTNER

United States District Judge

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