Kessler v. Hornbeak

Filing 17

ORDER Directing Respondent to make an appearance and to file opposition or a statement of non-opposition to Petitioner's Motion to Stay and Abeyance 15 ; ORDER Directing the Clerk to serve the Petition and Motion on Respondent, signed by Magistrate Judge Sandra M. Snyder on 07/16/2010. (Case Management Deadline: 8/23/2010) (Attachments: # 1 Petition, # 2 Motion to Stay)(Martin, S)

(HC) Kessler v. Hornbeak

Doc. 17

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UNITED STATES DISTRICT COURT
7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 Petitioner is a state prisoner proceeding with the 19 assistance of counsel with a petition for writ of habeas corpus 20 pursuant to 28 U.S.C. § 2254. 21 the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local 22 Rules 302 and 304. 23 motion to stay the action, filed on March 12, 2010. 24 I. Background 25 Petitioner alleges claims concerning her conviction in the 26 Tuolumne County Superior Court of possession of a firearm and 27 related offenses. 28 1
Dockets.Justia.com

KELLY ALICE KESSLER,

) ) Petitioner, ) ) ) v. ) ) TINA HORNBEAK, Warden, et al.,) ) Respondents. ) ) )

1:10-cv--0322-OWW-SMS-HC ORDER DIRECTING RESPONDENT TO MAKE AN APPEARANCE AND TO FILE OPPOSITION OR A STATEMENT OF NONOPPOSITION TO PETITIONER'S MOTION FOR STAY AND ABEYANCE (Doc. 15) ORDER DIRECTING THE CLERK TO SERVE THE PETITION AND MOTION ON RESPONDENT

The matter has been referred to

Pending before the Court is Petitioner's

Petitioner admits that with respect to some of

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the claims, Petitioner has failed to exhaust state remedies. Petitioner has filed a protective petition because of uncertainty regarding a future determination of the timeliness of the Petitioner's claims. The Court has not completed its initial screening of the petition, and Respondent has not been directed to order a response to the petition.1 The Court seeks the input of

Respondent with respect to Petitioner's motion for a stay. Therefore, the Court will direct service upon Respondent of the petition and the motion to stay, and the Court will further direct Respondent to make an appearance for the limited purpose of permitting the Court to consider and determine the motion to stay. II. Disposition Accordingly, it is ORDERED that: 1) Respondent is DIRECTED to file no later than thirty days

after the date of service of this order opposition to Petitioner's motion to stay the action, or a statement of nonopposition to the motion; and 2) The Clerk is DIRECTED to serve upon Respondent a copy of the petition (doc. 1) and Petitioner's motion for a stay (doc. 15); and 3) Respondent is DIRECTED to make a limited appearance in this proceeding for the purpose of litigating the motion for a stay presently before the Court; and 4) Petitioner may file a reply to any opposition filed by

Respondent did file a notice that she declined to proceed before a Magistrate Judge. (Doc. 16, filed M a r c h 12, 2010.)

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Respondent no later than fourteen days after the date of service of any opposition.

IT IS SO ORDERED. Dated: icido3 July 16, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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