Henderson v. Martel

Filing 9

ORDER signed by Magistrate Judge Dale A. Drozd on 3/3/2010 ORDERING respondent to file an opposition or statement of no opposition to petitioner's 7 motion to stay and abeyance w/in 30 days; if opposition is filed, petitioner's reply due w/in 15 days of opposition; and the clerk to serve a copy of this order w/ petitioner's original hc petition, a copy of the renewed motion for stay and abeyance, and a copy of the form re consent or request for reassignment on Michael Farrell. (cc: Michael Farrell) (Yin, K)

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 vs. MICHAEL MARTEL, Respondent. / Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In accordance with the court's order filed October 1, 2009, petitioner has filed a renewed motion for a stay and abeyance. Since petitioner may be entitled to relief if the claimed violations of constitutional rights are proved, respondent will be directed to file an opposition or a statement of no opposition in response to petitioner's renewed motion for a stay and abeyance. In accordance with the above, IT IS HEREBY ORDERED that: 1. Respondent is directed to file an opposition or statement of no opposition in response to petitioner's October 16, 2009 renewed motion for a stay and abeyance within thirty days from the date of this order. See Rule 4, Fed. R. Governing § 2254 Cases; ///// 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA TOMMY HENDERSON, Petitioner, No. CIV S-09-2189 DAD P

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DAD:9 hend2189.100mod

2. If respondent files an opposition to petitioner's motion, petitioner shall file a reply, if any, within fifteen days after service of the opposition; and 3. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's original petition for writ of habeas corpus (Doc. No. 1), a copy of petitioner's renewed motion for a stay and abeyance (Doc. Nos. 7 & 8), and a copy of the form regarding consent or request for reassignment on Michael Patrick Farrell, Senior Assistant Attorney General. DATED: March 3, 2010.

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