Votino v. Martel

Filing 18

ORDER signed by Magistrate Judge John F. Moulds on 4/18/12 ORDERING that the first amended petition for writ of habeas corpus filed by petitioner on March 28, 2012 is construed as including a motion to lift the stay of this action; Within fifteen days from the date of this order respondent shall file and serve a response to said motion; and Petitioners reply, if any, shall be filed and served not later than ten days thereafter.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LOUIS VOTINO,

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Petitioner,
vs.
FRANCISCO JACQUEZ,
Respondent.

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No. 2:10-cv-1784 MCE-JFM (HC)

ORDER
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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. By order filed October 19, 2010, this matter was

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stayed pending exhaustion of state remedies as to petitioner’s claim of newly discovered

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evidence of actual innocence and petitioner was directed to file a motion to lift the stay within

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thirty days from the date of any order by the California Supreme Court resolving that claim. On

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March 28, 2012, petitioner filed a first amended petition for writ of habeas corpus.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The first amended petition for writ of habeas corpus filed by petitioner on

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March 28, 2012 is construed as including a motion to lift the stay of this action;
2. Within fifteen days from the date of this order respondent shall file and serve a
response to said motion; and
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3. Petitioner’s reply, if any, shall be filed and served not later than ten days

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thereafter.

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DATED: April 18, 2012.

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voti1784.o

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