Meakins v. Ornoski et al

Filing 13

ORDER signed by District Judge Timothy M. Burgess on 1/13/09 ORDERING that this matter is STAYED pending the issuance of the mandate by the USCA for the 9th Circuit in Hayward v. Marshall,512 F.3d 536, rehrg en banc granted, 527 F.3d 797 (9th Cir. 2008), Case No. 06-55392. (Kastilahn, A)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DANNY LEE MEAKINS, No. 2:06-cv-00807-JKS Petitioner, STAY ORDER vs. ROBERT L. AYERS, JR.,1 Warden, San Quentin State Prison, Respondent.

At Docket No. 11 this Court issued its Order to Show Cause why this matter should not be stayed pending the issuance of the mandate by the United States Court of Appeals for the Ninth Circuit in Hayward v. Marshall, 512 F.3d 536, rehr'g en banc granted, 527 F.3d 797 (9th Cir. 2008), Case No. 06-55392. Respondent concurs that this matter should be stayed. Docket No. 12. Petitioner has not timely responded to the order. Accordingly, IT IS THEREFORE ORDERED THAT this matter is stayed pending the issuance of the mandate by the United States Court of Appeals for the Ninth Circuit in Hayward v. Marshall, 512 F.3d 536, rehr'g en banc granted, 527 F.3d 797 (9th Cir. 2008), Case No. 06-55392. Dated: January 13, 2009. s/ Timothy M. Burgess TIMOTHY M. BURGESS United States District Judge

Robert L. Ayers, Jr., Warden, San Quentin State Prison, is substituted for Warden Ornoski, Warden, San Quentin State Prison. Fed. R. Civ. P. 17(d).

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