Stamos, Jr. v. Grounds

Filing 21

ORDER denying 18 Motion to Stay Petition signed by Magistrate Judge Michael J. Seng on 1/13/2016. (Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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1:15-cv-01838 DAD MJS HC
JAMES GEORGE STAMOS, JR.,

ORDER DENYING MOTION TO STAY
Petitioner, PETITION

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(Doc. 18.)

v.

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RANDY GROUNDS,
Respondent.

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Petitioner is a state prisoner proceeding pro se with a Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2254.

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Petitioner filed the present petition on October 13, 2015. (ECF No. 1.) Concurrent

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with this order, the Court will issue an order directing the Respondent to file a response

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to the petition within sixty (60) days of the order being issued.

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Petitioner has filed a request to stay the petition. (ECF No. 18.) Petitioner explains

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that he is scheduled to have surgery in San Diego, and requests that the matter be

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stayed due to his imminent prison transfers and need to properly recover from surgery.

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The motion is denied without prejudice. At the present time, Petitioner need not

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take any action while Respondent prepares and files his response. Respondent has two

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months to respond, and may request even additional time to do so.
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Once a response is filed, Petitioner will be invited to file a traverse or opposition.

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He may then request extensions of time from the Court if and as necessary provided he

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provide good cause for needing the additional time. Prison transfers and interference of

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of genuine medical needs may constitute good cause.

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IT IS SO ORDERED.
Dated:

January 13, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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