(HC) Harge v. Roberson

Filing 13

ORDER directing Clerk of Court to serve 5 Motion to stay on Respondent and directing Respondent to file a resonse within 30-Days signed by Magistrate Judge Sheila K. Oberto on 9/4/2020. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEMARIA C. HARGE, 12 13 Petitioner, v. 14 15 JIM ROBERSON, Warden, No. 1:20-cv-01255-SKO (HC) ORDER DIRECTING CLERK OF COURT TO SERVE MOTION FOR STAY ON RESPONDENT [Doc. 5] ORDER DIRECTING RESPONDENT TO FILE RESPONSE TO MOTION Respondent. 16 [30-DAY DEADLINE] 17 18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. ยง 2254. He filed the instant habeas petition on July 13, 2020, challenging 20 his conviction in Stanislaus County Superior Court of murder, murder of a fetus, gross vehicular 21 manslaughter while intoxicated, evading a peace officer causing death, and driving under the 22 influence causing injury. Petitioner states that two of the four claims presented in the petition are 23 unexhausted. Concurrent with his petition, Petitioner filed a motion for a stay of the proceedings. 24 (Doc. 5.) ORDER 25 26 Accordingly, IT IS HEREBY ORDERED: 27 1) The Clerk of Court is DIRECTED to serve the motion for stay (Doc. 5) on 28 Respondent; 1 1 2) Respondent is DIRECTED to file an opposition or statement of nonopposition to the 2 motion within thirty (30) days of the date of service of this order; and 3 3) In the event Respondent files an opposition, Petitioner is GRANTED thirty (30) days 4 to file a reply. 5 6 7 8 IT IS SO ORDERED. Dated: September 4, 2020 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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