Mendoza v. Beard

Filing 35

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; Petitioner, through counsel Denise Kendall, shall file a response to respondents motion to dis miss within fourteen days of this order; The Clerk of the Court shall serve this order on Ms. Kendall both at her address of record and at a secondary address: [e-mail]; and Clerk of the Court shall also serve this order on petitioner at his most recent address, at Mule Creek State Prison, and on Carolyn Wiggin, Assistant Federal Defender.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUIS MENDOZA,

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Petitioner,

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No. 2:98-cv-2150 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.) It has now been stayed for more than

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fourteen years. On 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;

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2. Petitioner, through counsel Denise Kendall, shall file a response to respondent’s

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motion to dismiss within fourteen days of this order;
3. The Clerk of the Court shall serve this order on Ms. Kendall both at her address of

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record and at a secondary address: [e-mail]; 2 and
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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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A search of the California State Bar website indicates that Ms. Kendall is currently employed
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4. The Clerk of the Court shall also serve this order on petitioner at his most recent

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address, at Mule Creek State Prison, and on Carolyn Wiggin, Assistant Federal Defender.

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Dated: November 21, 2014

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076/Mend2150.sta

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by the Office of the State Public Defender in Oakland. Therefore, this order will be served on her
at that location also.
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