Galindo v. Foulk et al

Filing 28

ORDER signed by Magistrate Judge Dale A. Drozd on 10/26/10 striking 26 Motion to Stay. The case shall proceed on petitioner's 05/04/10 motion. Within 21 days of the date of this order respondent shall file and serve an opposition or a statement of non-opposition to petitioner's 05/04/10 motion for a stay and abeyance and shall show cause in writing why sanctions should not be imposed for the failure to file a timely response. (Plummer, M)

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(HC) Galindo v. Foulk et al Doc. 28 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 Petitioner has filed two motions for a stay and abeyance. The only difference between the two filings is petitioner has signed the second motion. Accordingly, the court will strike petitioner's April 29, 2010 motion and allow the case to proceed on petitioner's signed May 4, 2010 motion. 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ABRAHAM GALINDO, Petitioner, vs. ED FOULK, Executive Director, Respondent. / Petitioner, a civil detainee, is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. In accordance with the court's April 2, 2010 order, petitioner has filed a motion for a stay and abeyance.1 Respondent, however, has not filed and served an opposition or a statement of non-opposition to the motion as previously ordered. Good cause appearing, IT IS HEREBY ORDERED that: 1. Petitioner's April 29, 2010 motion for a stay and abeyance (Doc. No. 26) is stricken. The case shall proceed on petitioner's May 4, 2010 motion; and ///// ORDER No. CIV S-08-0945 MCE DAD P 1 Dockets.Justia.com 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 DAD:9 gali0945.102 2. Within twenty-one days of the date of this order respondent shall file and serve an opposition or a statement of non-opposition to petitioner's May 4, 2010 motion for a stay and abeyance and shall show cause in writing why sanctions should not be imposed for the failure to file a timely response. DATED: October 26, 2010. 2

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