Barajas v. Virga

Filing 25

ORDER DIRECTING Respondent to File Opposition or Notice of Non-Opposition to Petitioner's Motion for a Stay; ORDER SCHEDULING the Deadline for Filing a Reply and Suspending the Deadline for Filing a Traverse, signed by Magistrate Judge Sheila K. Oberto on 9/4/2014. Thirty Day Deadline. (Marrujo, C)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10
11 JOSE BARAJAS,

Case No. 1:13-cv-02000-AWI-SKO-HC

12

ORDER DIRECTING RESPONDENT TO FILE
OPPOSITION OR NOTICE OF NONOPPOSITION TO PETITIONER’S MOTION
FOR A STAY (DOC. 24)

13

Petitioner,
v.

14
15

TIM VIRGA,
Respondent.

16
17

ORDER SCHEDULING THE DEADLINE FOR
FILING A REPLY AND SUSPENDING THE
DEADLINE FOR FILING A TRAVERSE

Petitioner is a state prisoner proceeding pro se and in forma

18 pauperis with a petition for writ of habeas corpus pursuant to 28
19 U.S.C. § 2254.

The matter has been referred to the Magistrate Judge

20 pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 303.
21

On September 2, 2014, Petitioner filed a motion for a stay of

22 the proceedings to permit exhaustion of additional claims.
23 Petitioner’s traverse to Respondent’s answer is presently due to be
24 filed on or about October 25, 2014.
25

Accordingly, it is ORDERED that:

26

1)

Respondent is DIRECTED to file opposition or notice of non-

27 opposition to Petitioner’s motion for a stay no later than thirty
28 (30) days after the date of service of this order; and
1

1

2)

Petitioner may FILE a reply to any opposition to his motion

2 no later than thirty (30) days after the date of service of the
3 opposition; and
4

3)

The deadline for filing a traverse is SUSPENDED pending

5 resolution of the motion for a stay or further order of this Court.
6
7
8 IT IS SO ORDERED.
9
10

Dated:

September 4, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2