Rodriguez v. Dickinson et al

Filing 30

ORDER signed by Magistrate Judge Gregory G. Hollows on 03/09/11 denying 29 Motion to Stay. Petitioner must file his briefing as set forth in the 03/03/11 order. (Plummer, M)

(HC) Rodriguez v. Dickinson et al

Doc. 30

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. KATHLEEN DICKINSON, Respondents. / Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges the 2008 decision by the California Board of Parole Hearings (BPH) finding him unsuitable for parole. On February 4, 2011, the undersigned ordered both parties to file simultaneously briefing regarding the United States Supreme Court decision in Swarthout v. Cooke, 502 U.S. ___, ___ S. Ct. ___, 2011 WL 197627 *2 (Jan. 24, 2011). Respondent filed briefing and petitioner filed a request for an extension and on March 3, 2011, the undersigned provided petitioner a 30 day extension, with no further extensions. On March 3, 2011, petitioner filed a motion to stay the proceedings. The motion is meritless and is denied. Petitioner must file his opposition as set forth in the court's March 3, 2011, order. 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CARMELO RODRIGUEZ, Petitioner, No. CIV S-10-0048 LKK GGH P

ORDER

1 2 3 4 5 6 7
GGH: AB

Accordingly, IT IS HEREBY ORDERED that: 1. Petitioner's motion for a stay (Doc. 29) is denied; 2. Petitioner must file his briefing as set forth in the March 3, 2011, order. DATED: March 9, 2011 /s/ Gregory G. Hollows ___________________________________ GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

rodr0048.ord

2