Laws v. California Department of Corrections

Filing 32

ORDER DISMISSING Petitioner's 30 Motion for Status Report; ORDER to Respondent to FILE No Later than Thirty (30) Days Opposition or Notice of Non-Opposition to Petitioner's 31 Motion to Amend the Petition; ORDER PERMITTING Petitioner to File a Reply No Later than Thirty (30) Days After Service of any Opposition by Respondent signed by Magistrate Judge Barbara A. McAuliffe on 4/9/2015. (Sant Agata, S)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10
11 ANTHONY LAWS,

Case No. 1:13-cv-01546-BAM-HC

12

ORDER DISMISSING PETITIONER’S
MOTION FOR STATUS REPORT (DOC. 30)

Petitioner,

13
14

v.

15
16
17

GARY SWARTHOUT, Warden,
Respondent.

18
19
20
21
22
23
24
25
26
27
28

ORDER TO RESPONDENT TO FILE NO
LATER THAN THIRTY (30) DAYS
OPPOSITION OR NOTICE OF NONOPPOSITION TO PETITIONER’S MOTION
TO AMEND THE PETITION (DOC. 31)
ORDER PERMITTING PETITIONER TO FILE
A REPLY NO LATER THAN THIRTY (30)
DAYS AFTER SERVICE OF ANY
OPPOSITION BY RESPONDENT

Petitioner is a state prisoner proceeding pro se and in forma
pauperis with a petition for writ of habeas corpus pursuant to 28
U.S.C. § 2254.

Pursuant to 28 U.S.C. § 636(c)(1), the parties have

consented to the jurisdiction of the United States Magistrate Judge
to conduct all further proceedings in the case, including the entry
of final judgment, by manifesting their consent in writings signed
by the parties or their representatives and filed by Petitioner on
October 7, 2013, and on behalf of Respondent on February 19, 2014.
Pending before the Court are 1) Petitioner’s motion for a
status report on the progress of his case towards a ruling; and 2)
1

1 Petitioner’s motion to amend the petition, which was filed on
2 December 15, 2014.
3

Insofar as Petitioner seeks a status report on any ruling on

4 his petition, Petitioner is INFORMED that the petition will be
5 determined as soon as resources permit.

The Court has before it

6 many other petitions that have become ready for decision before
7 Petitioner’s became ready.

Further, the state of the pleadings in

8 the instant case is now uncertain because Petitioner is seeking to
9 amend the petition.

Accordingly, the request for a status report

10 will be dismissed.
11

With respect to Petitioner’s motion to amend the petition, the

12 Court has determined that input from Respondent will help to
13 determine the motion in an efficient manner.

Further, Petitioner

14 will have an opportunity to file a reply to any opposition filed by
15 Respondent.
16

Accordingly, it is ORDERED that:

17

1)

Petitioner’s request for a status report is DISMISSED as

18 moot; and
19

2) Respondent’s opposition or notice of non-opposition to

20 Petitioner’s motion to amend shall be FILED no later than thirty
21 (30) days after the date of service of this order; and
22

3) Petitioner may file a reply to any opposition no later than

23 thirty (30) days after the date of service of the opposition.
24 IT IS SO ORDERED.
25
26

Dated:

/s/ Barbara

April 9, 2015

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

27
28
2