Cejas v. Yates

Filing 73

ORDER signed by Magistrate Judge Edmund F. Brennan on 05/09/11 ordering respondent's 05/06/11 motion for an extension of time 72 is granted and respondent shall file and serve his response to the motion for stay on or before 05/17/11. Petitioner's 05/17/11 motion for discovery 66 and 05/02/11 request for subpoenas 71 are denied. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDREW A. CEJAS,
Petitioner,

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vs.

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No. CIV S-08-2494 KJM EFB P

JAMES A. YATES, Warden,
Respondent.

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ORDER
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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28

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U.S.C. § 2254. Respondent has requested a second extension of time to file and serve an

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opposition to petitioner’s March 18, 2011 motion for stay and abeyance. See Fed. R. Civ. P.

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6(b). Petitioner has requested that the court order discovery and issue subpoenas to him so that

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he may conduct discovery.

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I.

Request for Extension of Time
Respondent’s May 6, 2011 motion is granted, and respondent shall file and serve his

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response to the motion for stay on or before May 17, 2011. The court does not intend to grant

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respondent further extensions of time absent a showing of extraordinary circumstances.

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II.

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Requests for Discovery
As petitioner’s request for a stay of these proceedings is currently pending, an order

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allowing discovery to commence would be premature. Accordingly, petitioner’s requests for

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discovery and for subpoenas will be denied without prejudice. Petitioner may renew these

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requests following disposition of the motion for stay.

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III.

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Order
1. Respondent’s May 6, 2011 motion for an extension of time, Dckt. No. 72, is granted,

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and respondent shall file and serve his response to the motion for stay on or before May 17,

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2011.

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2. Petitioner’s March 17, 2011 motion for discovery, Dckt. No. 66, and May 2, 2011
request for subpoenas, Dckt. No. 71, are denied.
So ordered.
DATED: May 9, 2011.

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