Mendoza, et al v. Terhune, et al

Filing 42

ORDER signed by Magistrate Judge Gregory G. Hollows on 11/21/14 ORDERING that Respondents motion to lift the stay is granted, and this case is reopened; and Petitioner shall file a response to respondent motion to dismiss within 14 days of this order.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PEDRO MENDOZA,

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Petitioner,

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No. 2:98-cv-1857 MCE GGH P

v.

ORDER

JOE LIZARRAGA,1

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Respondent.

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This habeas matter, in which petitioner proceeded with appointed counsel, was stayed

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pending exhaustion on May 8, 2000. (ECF No. 29.) On October 22, 2014, the Federal Defender

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was appointed to represent petitioner. (ECF No. 36.) At that time, respondent was directed to file

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a response to the filing of petitioner’s former counsel, responding to the order to show cause. On

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November 4, 2014, respondent filed a motion to lift stay and dismiss the case.

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Accordingly, IT IS ORDERED that:

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1. Respondent’s motion to lift the stay is granted, and this case is reopened; and

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2. Petitioner shall file a response to respondent’ motion to dismiss within fourteen days of

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this order.

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Dated: November 21, 2014
/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE
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GGH:076/Mend1857.sta

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Joe Lizarraga, current warden of the Mule Creek State Prison, is substituted as respondent. See
Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994).
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