Evans v. Hartley

Filing 17

ORDER DISMISSING 16 Motion as MOOT signed by Magistrate Judge Sheila K. Oberto on 9/27/2011. (Sant Agata, S)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10
LATIF R. EVANS,
11
Petitioner,
12
13
14

v.
BOARD OF PAROLE HEARINGS
(BPH), et al.,

15
Respondents.
16

) 1:11-cv—01424-LJO-SKO-HC
)
) ORDER DISMISSING MOTION AS MOOT
) (DOC. 16)
)
)
)
)
)
)
)
)
)

17
18

Petitioner is a state prisoner proceeding pro se with a

19

petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

20

The matter has been referred to the Magistrate Judge pursuant to

21

28 U.S.C.§ 636(b)(1) and Local Rules 302 and 303.

22

the Court is Petitioner’s motion for issuance of an order to show

23

cause, filed on September 22, 2011.

24

Pending before

Because the Court has previously directed Respondent to file

25

a response to the petition, Petitioner’s request for an order to

26

show cause is moot.

27

issuance of a writ of habeas corpus, Petitioner’s motion is

28

premature because the merits of the case are not yet ready to be

To the extent that Petitioner seeks the

1

1

considered.

2

Therefore, Petitioner’s motion is DISMISSED.

3
4

IT IS SO ORDERED.

5

Dated:
ie14hj

September 27, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2