Howard v. Cate

Filing 6

ORDER signed by Magistrate Judge John F. Moulds on 1/21/09 ORDERING that Respondent is directed to file a response to petitioner's application for stay and abeyance within 30 days from the date of this order, the Clerk shall serve a copy of this order together with a copy of petitioner's petition for writ of habeas corpus 1 , and application for stay and abeyance 2 , and an Order Re Consent or Request for Reassignment on Michael Patrick Farrell, Senior Assistant Attorney General. (Attachments: # 1 petition, # 2 abeyance) (Becknal, R)

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 Respondent. / Petitioner, a state prisoner proceeding through counsel, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee. Petitioner seeks to hold the instant petition in abeyance pending exhaustion of state court remedies. Since petitioner may be entitled to the requested relief, respondents will be directed to file a response to petitioner's application for stay and abeyance. In accordance with the above, IT IS HEREBY ORDERED that: 1. Respondent is directed to file a response to petitioner's January 15, 2009 application for stay and abeyance within thirty days from the date of this order. Respondent shall include any documents relevant to the determination of the issues presented in the application for stay and abeyance. 1 ORDER vs. MATTHEW CATE, Head of the California Department of Corrections, IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JELANI KITWANA HOWARD, Petitioner, No. 2:09-cv-0149 JFM (HC)

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/001; howa0149.fb

2. Petitioner's reply, if any, is due on or before thirty days from the date the response is filed; 3. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's petition for writ of habeas corpus (#1), application for stay and abeyance (#2), and an Order Re Consent or Request for Reassignment on Michael Patrick Farrell, Senior Assistant Attorney General. DATED: January 21, 2009.

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