United States ex rel. Barnes v. Gilmore

MEMORANDUM ORDER

SHADUR, Senior District Judge. •

This Court’s November 4, 1997 memorandum opinion and order addressed the motion to dismiss that had recently been filed by Warden Jerry Gilmore (“Gilmore”) in this- 28 U.S.C. § 22541 habeas corpus proceeding initiated by the pro se filing of a Petition by Joseph Barnes (“Barnes”). Gilmore’s motion was filed on the predicate that Barnes’ Petition had been filed too late, and this Court promptly directed Barnes to file a limited response on that timing issue. Barnes has now done so, and this Court finds that his responsive filing suffices to call…