Dubois v. Swarthout et al

Filing 15

ORDER signed by Magistrate Judge Kendall J. Newman on 07/09/10 DENYING 14 Motion to Stay; petitioner's reply to the answer shall be filed within 28 days; respondents' surreply due within 14 days thereafter. (Manzer, C)

(HC) Dubois v. Swarthout et al

Doc. 15

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Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ALBERT DUBOIS, Petitioner, vs. GARY SWARTHOUT, et al., Respondents. / Petitioner is a state prisoner proceeding without counsel and in forma pauperis with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondents filed an answer on April 4, 2010. On April 12, 2010, petitioner filed a motion to stay this case pending decision in Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008). That decision has now been rendered. Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010). Accordingly, petitioner's motion will be denied and petitioner will be directed to file a reply. In light of the decision in Hayward, respondents shall file a surreply. When briefing a response to this order, the parties shall address application of Hayward and any other pertinent legal authorities. IT IS HEREBY ORDERED that: 1. Petitioner's April 12, 2010 motion is denied. (Dkt. No. 14.) ORDER No. 2:09-cv-3111 FCD KJN P

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dubo3111.lft

2. Petitioner's reply to the answer shall be filed and served within twenty-eight days from the date of this order. Respondents shall file a surreply fourteen days thereafter. DATED: July 9, 2010

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

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