Hill v. Biter

Filing 7

ORDER signed by Magistrate Judge Dale A. Drozd on 8/27/12 ORDERING within 21 days from the date of this order respondents shall file and serve a response to petitioner's August 22, 2012 motion to stay; Petitioner's reply, if any, shall be f iled and served not later than 14 days thereafter; and the Clerk shall serve a copy of this order, the form Consent to Proceed Before a United States Magistrate Judge, a copy of the petition for writ of habeas corpus, a copy of the signed affidavit of Vroy Lefcourt filed August 24, 2012, and a copy of petitioner's August 22, 2012 motion to stay on Michael Patrick Farrell, Senior Assistant Attorney General.(Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CERON HILL,

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Petitioner,

No. 2:12-cv-2098 DAD P

vs.
MARTIN BITER, et al.,
Respondents.

ORDER
/

Petitioner, a state prisoner proceeding through counsel, has filed a petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee.
It appears from review of the petition that petitioner may be entitled to relief if the

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claimed violations of constitutional rights is proved. On August 22, 2012, petitioner filed a

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motion stay this action pending exhaustion of state court remedies with respect to unexhausted

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claims. Good cause appearing, respondents will be directed to file a response to petitioner’s

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motion to stay. The court will defer setting a briefing schedule on the claims raised in the

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petition pending resolution of petitioner’s motion to stay.

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

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1. Within twenty-one days from the date of this order respondents shall file and

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serve a response to petitioner’s August 22, 2012 motion to stay;
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2. Petitioner’s reply, if any, shall be filed and served not later than fourteen days
thereafter; and

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3. The Clerk of the Court shall serve a copy of this order, the form Consent to

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Proceed Before a United States Magistrate Judge, a copy of the petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254, a copy of the signed affidavit of Vroy Lefcourt filed August 24,

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2012, and a copy of petitioner’s August 22, 2012 motion to stay on Michael Patrick Farrell,

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Senior Assistant Attorney General.

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DATED: August 27, 2012.

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DAD:12
hill2098.o

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