Cole v. Lizarraga
Filing
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ORDER Directing Respondent to File Opposition or Notice of Non-Opposition to Petitioner's 14 Motion for a Stay; ORDER Scheduling the Deadline for Filing a Reply and Suspending the Deadline for Filing a Traverse signed by Magistrate Judge Barbara A. McAuliffe on 10/06/2014. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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11 STEIN HEATH COLE,
Case No. 1:14-cv-01205-LJO-BAM-HC
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ORDER DIRECTING RESPONDENT TO FILE
OPPOSITION OR NOTICE OF NONOPPOSITION TO PETITIONER’S MOTION
FOR A STAY (DOC. 14)
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Petitioner,
v.
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J. LIZARRAGA, Warden,
Respondent.
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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.
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On October 1, 2014, Petitioner filed a motion for a stay of the
22 proceedings to permit exhaustion of additional claims.
Petitioner’s
23 traverse to Respondent’s answer is presently due to be filed on or
24 about November 5, 2014.
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Accordingly, it is ORDERED that:
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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
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2)
Petitioner may FILE a reply to any opposition to his stay
2 motion no later than thirty (30) days after the date of service of
3 the opposition; and
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3)
The deadline for Petitioner’s filing a traverse to the
5 answer is SUSPENDED pending resolution of the motion for a stay or
6 further order of this Court.
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8 IT IS SO ORDERED.
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Dated:
/s/ Barbara
October 6, 2014
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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