Wafford v. Gipson

Filing 52

ORDER GRANTING Withdrawal of Motion to Stay and GRANTING Motion to Substitute Respondent 48 , 49 , signed by Magistrate Judge Michael J. Seng on 12/22/14. (Hellings, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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DAMIEN WAFFORD,

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v.

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Case No. 1:12-cv-00122-LJO MJS
Petitioner, ORDER GRANTING WITHDRAWAL OF
MOTION TO STAY AND GRANTING
MOTION TO SUBSTITUTE
RESPONDENT

DAVE DAVEY,

(Docs. 48, 49)
Respondent.

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On November 26, 2014, Petitioner filed a motion to stay the petition for writ of
habeas corpus and an extension of time to file a traverse. (ECF No. 48.) On December
16, 2014, Petitioner filed a notice to withdraw the motion to stay. (ECF No. 50.)
Accordingly, the motion to stay is DISMISSED without prejudice. Additionally,
Petitioner's motion to substitute Respondent (ECF No. 49) is GRANTED. Warden Dave
Davey is named as the proper Respondent.

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Petitioner's motion to amend the petition (ECF No. 51) shall be addressed in a
separate order after briefing is completed.

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IT IS SO ORDERED.

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Dated:

December 22, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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