Reece v. Sisto et al

Filing 22

ORDER signed by Senior Judge James K. Singleton on 7/1/10 ORDERING respondent's answer is due on or before 8/9/10. (Carlos, K)

(HC) Reece v. Sisto et al

Doc. 22

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CHARLES G. REECE, No. 2:08-cv-00488-JKS Petitioner, ORDER vs. D. K. SISTO, Warden, California State Prison, Solano, Respondent.

At Docket No. 14 this Court entered its Order granting Respondent's motion to stay further proceedings in this case pending the decision of the Court of Appeals for the Ninth Circuit in Hayward v. Marshall.1 In that Order the Court directed Respondent to serve and file an answer to the petition within 60 days after the Ninth Circuit en banc panel issued its mandate. The Ninth Circuit rendered its decision on April 22, 20102 and issued its Mandate on June 10, 2010. Accordingly, Respondent's answer is due on or before August 9, 2010. Reece may file a reply to the answer not later than 30 days after Respondent serves and files his answer. IT IS SO ORDERED. Dated: July 1, 2010. /s/ James K. Singleton, Jr. JAMES K. SINGLETON, JR. United States District Judge

1 2

512 F.3d 536, reh'g en banc granted, 527 F.3d 797 (9th Cir. 2008) Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010) (en banc).

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