Avalos v. Lewis

Filing 21

ORDER signed by Magistrate Judge John F. Moulds on 6/27/12 ORDERING that within 14 days from the date of this order respondent shall file and serve a response to petitioners request for stay and abeyance. Petitioners reply, if any, shall be filed and served not later than seven 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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MARCOS AVALOS,
Petitioner,

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vs.

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No. 2:12-cv-0052 LKK JFM (HC)

GREGG LEWIS, Warden,
Respondent.

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ORDER
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Petitioner is a state prisoner proceeding pro se and in forma pauperis with an

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application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 19, 2012,

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respondent filed a motion to dismiss. Respondent contends that the petition before the court is a

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mixed petition containing both exhausted and unexhausted claims. On June 4, 2012, petitioner

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filed a document styled as an opposition to the motion to dismiss. Therein, petitioner requests

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that this action be stayed and held in abeyance pending exhaustion of unexhausted claims or, in

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the alternative, that petitioner be granted leave to amend the petition to proceed with the

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exhausted claims.

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Good cause appearing, IT IS HEREBY ORDERED that within fourteen days from

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the date of this order respondent shall file and serve a response to petitioner’s request for stay and

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abeyance. Petitioner’s reply, if any, shall be filed and served not later than seven days thereafter.

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DATED: June 27, 2012.

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aval0052.fb

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