Bucci v. Busby

Filing 6

ORDER signed by Magistrate Judge Kendall J. Newman on 12/06/11 ordering within 21 days of the date of this order, petitioner shall file and notice for hearing the motion to stay discussed in the petition. The clerk of the court shall serve a copy of this order and a copy of the petition for writ of habeas corpus on Michael Patrick Farrell, Attorney General. (cc: Michael Farrell, Attorney General)(Plummer, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

NICOLA CHRISTOPHER BUCCI,
Petitioner,

11
vs.

12
13

TIMOTHY E. BUSBY, et al.,
Respondents.

14

ORDER
/

15

Petitioner, a state prisoner proceeding with counsel, has filed an application for a

16
17

No. 2: 11-cv-3147 GEB KJN P

writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee.

18

The petition raises eight claims. Petitioner states that claims one and two are

19

exhausted and claim three is partially exhausted. Petitioner states that he is in the process of

20

exhausting the remaining claims in state court. Petitioner states that he has separately filed a

21

motion to stay this action pending exhaustion, but the docket does not contain this motion.

22

In accordance with the above, IT IS HEREBY ORDERED that:

23

1. Within twenty-one days of the date of this order, petitioner shall file and notice

24

for hearing the motion to stay discussed in the petition;

25

////

26

////
1

1

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

2

petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell,

3

Senior Assistant Attorney General.

4

DATED: December 6, 2011

5
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

6
7
8

buc3147.100

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2