Mosqueda v. Martel

Filing 5

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/9/2011 GRANTING ptnr's 2 motion to proceed IFP; respondent is DIRECTED to file a response to ptnr's 3 motion to stay w/in 14 days; the clerk to serve a copy of this order and the Order re Consent on Michael Farrell. (cc: Michael Farrell) (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLOS MOSQUEDA,

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Petitioner,

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No. CIV S-11-745 GGH

vs.
MICHAEL MARTEL,

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Respondent.

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ORDER
/

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Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma

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pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to

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afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be

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granted. See 28 U.S.C. § 1915(a).

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In addition to filing and serving a petition, petitioner has also filed and served a

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motion for stay and abeyance, asserting that two of his three claims have been exhausted and that

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the remaining claim is currently pending adjudication in state court.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s application to proceed in forma pauperis is granted;

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2. Respondent is directed to file a response to petitioner’s motion to stay (Doc.
#3) within fourteen (14) days.

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2. The Clerk of the Court shall serve a copy of this order and the

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consent/reassignment form contemplated by Appendix A(k) to the Local Rules of this court on

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Michael Patrick Farrell, Senior Assistant Attorney General.

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DATED: May 9, 2011

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/s/ Gregory G. Hollows
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GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE

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GGH:014
mosq0745.ord

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