Cole v. Lizarraga

Filing 15

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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