Murphy v. Felker

Filing 36

ORDER signed by District Judge George H. King on 8/24/09 GRANTING 33 Motion to Stay. The Court will stay ptnr's petition until 7 days following the Sacramento Superior Court's decision in ptnr's state habeas case, Case No. 08F10336. Both ptnr and resp shall be obligated to give timely notice to the court of such decision. (Engbretson, K.)

E-Filed UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. Title CV 08-256-GHK Marquiest Leon Murphy v. Tom Felker Date August 24, 2009

Presiding: The Honorable

GEORGE H. KING, U. S. DISTRICT JUDGE SITTING BY DESIGNATION N/A Court Reporter / Recorder N/A Tape No.

Beatrice Herrera Deputy Clerk Attorneys Present for Plaintiffs: None

Attorneys Present for Defendants: None

Proceedings:

(In Chambers) Order re: Petitioner's Motion for Stay and Abeyance of His Habeas Petition

On February 23, 2009, Petitioner requested a stay and abeyance of his habeas petition. On July 13, 2009, the Court issued an Order to Show Cause ("OSC") why the Court should grant the stay. On August 12, the Court ordered Petitioner to file Blackwell's affidavit. Petitioner filed Blackwell's affidavit on August 21, 2009. After reviewing Petitioner's response to the OSC and Blackwell's affidavit, the Court GRANTS Petitioner's motion for a stay and abeyance. The Court will stay Petitioner's petition until 7 days following the Sacramento Superior Court's decision in Petitioner's state habeas case, Case No. 08F10336. Both Petitioner and Respondent shall be obligated to give timely notice to the court of such decision. IT IS SO ORDERED.
-Initials of Deputy Clerk
CV-90 (06/04) CIVIL MINUTES - GENERAL

: Bea

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