Montgomery v. Sisto

Filing 13

ORDER signed by Magistrate Judge Kimberly J. Mueller on 07/15/10 ordering that the stay imposed by order of 06/19/09 is lifted. (Plummer, M)

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 2009, is lifted. DATED: July 15, 2010.
4, mont3180.lift.stay

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BRIAN KEITH MONTGOMERY, Petitioner, vs. D.K. SISTO, Respondent. / Petitioner is a prisoner proceeding with an application for writ of habeas corpus under 28 U.S.C. § 2254. The court previously stayed the proceedings, including the filing of an answer, pending the Ninth Circuit's en banc review of Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008), reh'g en banc granted, 527 F.3d 797 (9th Cir. 2008). The court ordered respondent to file an answer within sixty days of the Ninth Circuit's en banc decision. See Docket No. 10. The Ninth Circuit issued its en banc decision in Hayward on April 22, 2010. See Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010). The parties have timely filed their respective answer and traverse pursuant to the court's order and the Local Rules. The stay shall be lifted. Accordingly, IT IS HEREBY ORDERED that the stay imposed by order of June 19, ORDER No. CIV S-08-3180 KJM P

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