(DP) Tobin v. Davis

Filing 46

ORDER SCHEDULING Petitioner's Motion for Stay and Abeyance signed by Magistrate Judge Stanley A. Boone on 9/7/2021. (Sant Agata, S)

Case 1:18-cv-01375-NONE-SAB Document 46 Filed 09/07/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER ALLAN TOBIN,

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Petitioner,

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v.
RONALD DAVIS, Warden of San Quentin
State Prison,

Case No. 1:18-cv-01375-NONE-SAB
DEATH PENALTY CASE
ORDER SCHEDULING
PETITIONER’S MOTION FOR
STAY AND ABEYANCE

Respondent.1

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The record reflects that on August 27, 2021, Petitioner, through counsel, filed a motion for

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stay and abeyance pursuant to Rhines v. Webber, 544 U.S. 269 (2005). (ECF No. 45.) The

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motion has not been set for hearing.
Accordingly, Respondent shall file his response to the instant motion by not later than

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thirty (30) days following the filed date of this order. Petitioner’s reply shall be filed by not later

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than fifteen (15) days from the filed date of the response. Thereupon, the matter shall be deemed

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Ron Broomfield, Acting Warden of San Quentin State Prison, is substituted for Ronald Davis,
former Warden of San Quentin State Prison, pursuant to Federal Rules of Civil Procedure 25(d).
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Case 1:18-cv-01375-NONE-SAB Document 46 Filed 09/07/21 Page 2 of 2
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submitted and the parties will be notified by minute order if a hearing is necessary.2

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IT IS SO ORDERED.
Dated:

September 7, 2021
UNITED STATES MAGISTRATE JUDGE

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See Standing Order in Light of Ongoing Judicial Emergency in the Eastern District of
California, and General Orders in the Eastern District of California regarding COVID-19
Emergency available at: http://www.caed.circ9.dcn/index.cfm/iCAED/coronavirus-covid-19guidance/
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