Jones v. Knowles et al

Filing 13

ORDER signed by Judge Edmund F. Brennan on 7/27/2007 ORDERING the stay is lifted. Petitioner has 30 days from date of this order to file a first amended petition. Respondent shall file and serve an answer or motion in response to the petition w/i 60 days from date of this order. Clerk is directed to send petitioner the habeas corpus petition form. Case reopened. (Waggoner, D)

Download PDF
(HC) Jones v. Knowles et al Doc. 13 Case 2:07-cv-00404-GEB-EFB Document 13 Filed 07/27/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. M. KNOWLES, et al., Respondents. / Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. 2254. On May 15, 2007, the court directed this action be stayed and held in abeyance pending petitioner's exhaustion of available state court remedies. On July 5, 2007, petitioner notified the court that the California Supreme Court ruled on his habeas petition. Accordingly, it is ORDERED that: 1. The stay is lifted. 2. Petitioner has 30 days from the date this order is signed to file a first amended petition containing all his claims, i.e., claims from his February 28, 2007, petition and his newly exhausted claims. See Calderon v. U.S. District Court for N.D. Cal. (Taylor), 134 F.3d 981, 989 (9th Cir. 1998). //// 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ELL JONES, Petitioner, No. CIV S-07-0404 GEB EFB P ORDER Dockets.Justia.com Case 2:07-cv-00404-GEB-EFB Document 13 Filed 07/27/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3. Respondent shall file and serve an answer or motion responding to the application within 60 days from the date of this order. See Rule 4, Fed. R. Governing 2254 Cases. An answer shall be accompanied by any and all transcripts or other documents relevant to the determination of the issues presented in the application. See Rule 5, Fed. R. Governing 2254 Cases. 4. If the response is an answer, petitioner's reply, if any, shall be filed and served within 30 days of service of an answer. 5. If the response is a motion, petitioner's opposition or statement of non-opposition shall be filed and served within 30 days of service of the motion. Respondent shall have 15 days to file and serve a reply to any opposition. 6. The Clerk of the Court is directed to send to petitioner the form habeas petition used in this court. Dated: July 27, 2007. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?