Dixon v. Yates

Filing 91

ORDER signed by Magistrate Judge Allison Claire on 04/11/16 denying 87 Motion for bail pending disposition of the petition. Petitioner may renew his motions should the district judge adopt the 3/28/16 findings and recommendations. The 05/04/16 hearing on the motion is vacated. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK DIXON,

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No. 2:10-cv-0631 JAM AC P
Petitioner,

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v.

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JAMES YATES,

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ORDER

Respondent.

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Petitioner is a state prisoner proceeding through counsel with this petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.
By findings and recommendations filed March 28, 2016, the undersigned recommended

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that the petition be granted. ECF No. 86. Petitioner has now filed a motion for bail pending

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disposition of the petition (ECF No. 87), which respondent opposes (ECF No. 89). The district

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judge has yet to rule on the findings and recommendations and respondent has indicated that he

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intends to file an opposition (ECF Nos. 88, 89). For these reasons, the undersigned finds the

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motion for bail to be premature. Petitioner may renew his motion should the district judge adopt

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the March 28, 2016 findings and recommendations.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion for bail pending disposition of the petition (ECF No. 87) is denied

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without prejudice. Petitioner may renew his motion should the district judge adopt the March 28,
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2016 findings and recommendations.
2. The May 4, 2016 hearing on the motion is vacated.
DATED: April 11, 2016

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