Torres v. Virga

Filing 48

ORDER signed by Magistrate Judge Dale A. Drozd on 08/12/14 ordering this action is stayed for an additional 60 days from the date of this order. During the 60 days period of the stay, petitioner's counsel shall keep the court apprised of any l egal developments that would justify a lifting of the stay. In addition, if the stay has not been lifted before the 60 days period of the stay expires, petitioner's counsel shall notify the court and opposing counsel of the then-current status of the petitione for certiorari filed in DeMola v. Cavazos, Acting Warden, 13-10288. After the stay is lifted, the parties shall file a proposed schedule for the filing of a traverse and further briefing on the applicability of the decisions in Miller v. Alabama and Bell v. Uribe to this case. (Plummer, M)

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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.,

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Respondent.

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By order dated May 20, 2014, this action was stayed for sixty days and petitioner was

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directed to notify the court and opposing counsel of the status of several petitions for certiorari

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pending before the United States Supreme Court in the event that the stay had not been lifted

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before the period of the stay had expired. On July 14, 2014, petitioner filed the required status

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report. After a review of the status report and good cause appearing, IT IS HEREBY ORDERED

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AS FOLLOWS:

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1. This action is stayed for an additional 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 petition for certiorari filed in

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DeMola v. Cavazos, Acting Warden, 13-10288.
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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 further briefing on the applicability of the decisions in Miller v. Alabama, ___ U.S.

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

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Dated: August 12, 2014

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DAD:8
Torres1358.stay

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