(HC)Garza v. Phillips

Filing 30

ORDER Regarding Petitioner's Motion for Order to Show Cause and Directing Respondent to File Response to Petition signed by Magistrate Judge Sheila K. Oberto on 7/3/2024. Respondent's Response to the Petition Due Within Thirty (30) Days. (Xiong, J.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANGEL M. GARZA, 12 13 14 15 Case No. 1:23-cv-01723-JLT-SKO-HC ORDER REGARDING PETITIONER’S MOTION FOR ORDER TO SHOW CAUSE AND DIRECTING RESPONDENT TO FILE RESPONSE TO PETITION Petitioner, v. BRYAN PHILLIPS, Warden, [Doc. 29] Respondent. [THIRTY-DAY DEADLINE] 16 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. § 2254. On January 3, 2024, the Court issued an order setting a briefing 20 schedule in this case. Respondent was directed to file a response within sixty days. 21 On February 22, 2024, Respondent filed a motion to unseal confidential state court 22 transcripts. (Doc. 17.) Respondent stated that the Marsden transcripts were necessary for 23 resolution of some of Petitioner’s claims. Respondent further moved to vacate the briefing 24 schedule pending resolution of this matter. 25 On February 26, 2024, the Court vacated the briefing schedule. (Doc. 19.) On May 10, 26 2024, Respondent submitted a copy of the Marsden transcript to the Court. On June 26, 2024, 27 Petitioner filed the instant motion to issue an order to show cause. (Doc. 29.) The Marsden 28 transcript matter having now been resolved, briefing may resume. 1 Accordingly, Respondent is DIRECTED to file a response to the petition within thirty 1 2 (30) days of the date of service of this order. Petitioner may file a traverse within thirty (30) 3 days of the date Respondent’s files its answer. 4 5 IT IS SO ORDERED. 6 Dated: /s/ Sheila K. Oberto July 3, 2024 . UNITED STATES MAGISTRATE JUDGE 7 8 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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