Mendoza, et al v. Terhune, et al
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:98-cv-1857 MCE GGH P
This habeas matter, in which petitioner proceeded with appointed counsel, was stayed
pending exhaustion on May 8, 2000. (ECF No. 29.) On October 22, 2014, the Federal Defender
was appointed to represent petitioner. (ECF No. 36.) At that time, respondent was directed to file
a response to the filing of petitioner’s former counsel, responding to the order to show cause. On
November 4, 2014, respondent filed a motion to lift stay and dismiss the case.
Accordingly, IT IS ORDERED that:
1. Respondent’s motion to lift the stay is granted, and this case is reopened; and
2. Petitioner shall file a response to respondent’ motion to dismiss within fourteen days of
Dated: November 21, 2014
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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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