Turner v. Sisto et al

Filing 14

ORDER signed by Magistrate Judge Craig M. Kellison on 07/20/09 denying 13 Motion to Stay. Petitioner's request for an extension of time 13 is granted. Petitioner may file a traverse within 30 days of the date of this order. (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 /// 1 vs. DENNIS KRIS SISTO, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner's request for additional time to file his traverse, and for a stay of these proceedings (Doc. 13). Petitioner argues these proceedings should be stayed until the Ninth Circuit Court of Appeals issues a ruling in Hayward v. Marshall, case number 06-55392. The court declines to stay these proceedings. However, Petitioner will be granted additional time to file his traverse. Accordingly, IT IS HEREBY ORDERED that: 1. Petitioner's request for a stay of proceedings (Doc. 13) is denied; TYRONE TURNER, Petitioner, ORDER No. CIV S-09-0484-MCE-CMK-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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2. 3.

Petitioner's request for an extension of time is granted; and Petitioner may file a traverse within 30 days of the date of this order.

DATED: July 20, 2009 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

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