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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 PEDRO MENDOZA, 10 Petitioner, 11 12 No. 2:98-cv-1857 MCE GGH P v. ORDER JOE LIZARRAGA,1 13 Respondent. 14 This habeas matter, in which petitioner proceeded with appointed counsel, was stayed 15 16 pending exhaustion on May 8, 2000. (ECF No. 29.) On October 22, 2014, the Federal Defender 17 was appointed to represent petitioner. (ECF No. 36.) At that time, respondent was directed to file 18 a response to the filing of petitioner’s former counsel, responding to the order to show cause. On 19 November 4, 2014, respondent filed a motion to lift stay and dismiss the case. 20 Accordingly, IT IS ORDERED that: 21 1. Respondent’s motion to lift the stay is granted, and this case is reopened; and 22 2. Petitioner shall file a response to respondent’ motion to dismiss within fourteen days of 23 this order. 24 Dated: November 21, 2014 /s/ Gregory G. Hollows 25 UNITED STATES MAGISTRATE JUDGE 26 GGH:076/Mend1857.sta 27 1 28 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). 1

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