Underwood v. Morris et al
Filing
14
ORDER; Petitioner shall respond by 12/1/08 as to why his petition should not be dismissed without prejudice; alternatively, Petitioner may show cause why the Court should stay the instant habeas petition and hold it in abeyance until Peititoner's State court proceedings conclude. Signed by Magistrate Judge Lawrence O Anderson on 10/29/08. (REW, )
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Christopher Gale Underwood, Petitioner, vs. E. W. Morris, et al., Respondents.
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No. CV-08-8049-PCT-NVW (LOA) ORDER
IT IS ORDERED that Petitioner shall respond on or before December 1, 2008 as to why his petition should not be dismissed without prejudice because Petitioner has a postconviction proceeding pending in State court. Alternatively, Petitioner may show cause why the Court should stay the instant habeas petition and hold it in abeyance until Petitioner's State court proceedings conclude. See, Rhines v. Weber, 544 U.S. 269 (2005). DATED this 29th day of October, 2008.
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