Torres v. Virga

Filing 46

ORDER signed by Magistrate Judge Dale A. Drozd on 5/19/2014 STAYING this action for 60 days; petitioner's counsel shall keep the court apprised of any legal developements that would justify a lifting of the stay; if the stay has not been lifted before the 60 day period of the stay expires, petitioner's counsel shall notify the court and opposing counsel of the then-current status of the petitions pending before the U.S. Supreme Court that were discussed at the motion hearing; and after the stay is lifted, the parties shall file a proposed schedule for filing of traverse and any further briefing addressing the applicability of the decisions in Miller v. Alabama to this case. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JUAN TORRES,

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No. 2:12-cv-1358 TLN DAD P
Petitioner,

v.

ORDER

TIM VIRGA, Warden, et al.,
Respondents.

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Petitioner’s Motion to Stay came on regularly for hearing on May 16, 2014, at 10:00 a.m.

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in the chambers of the undersigned. Assistant Federal Defender Ann McClintock appeared for

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petitioner. Deputy Attorney General Jennevee H. DeGuzman appeared for respondent. Upon

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review of the motion and the documents in support and opposition, upon hearing the arguments of

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counsel and for good cause appearing therefore as set forth on the record at the hearing, IT IS

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HEREBY ORDERED AS FOLLOWS:

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1. This action is stayed for sixty days from the date of this order.

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2. During the sixty day period of the stay, petitioner’s counsel shall keep the court

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apprised of any legal developments that would justify a lifting of the stay. In addition, if the stay

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has not been lifted, before the sixty day period of the stay expires, petitioner’s counsel shall notify

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the court and opposing counsel of the then-current status of the petitions pending before the U.S.

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Supreme Court that were discussed at the hearing.
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3. After the stay is lifted, the parties shall file a proposed schedule for the filing of a

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traverse and any further briefing addressing the applicability of the decisions in Miller v.

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Alabama, ___ U.S. ___, 132 S. Ct. 2455 (2012) and Bell v. Uribe, 729 F.3d 1052 (9th Cir. 2013)

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to this case.

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Dated: May 19, 2014

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DAD:8
Torres1358.oah

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