Turner v. Richardson et al

Filing 60

ORDER signed by Magistrate Judge Allison Claire on 06/29/15 ordering respondent shall on or before 7/24/15 file and serve a response to petitioner's motion to stay. Petitioner shall on or before 8/07/15 file and serve a reply. The hearing sch eduled for 8/19/15 is vacated; the court will decide the motion on the papers unless the undersigned later determines that a hearing would be helpful. Petitioner's request for an extension of time to file a traverse to the Second Amended Petition will be decided when the court addresses the fully-briefed motion to stay. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY R. TURNER,

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Petitioner,

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No. 2:13-cv-00454 WBS AC P

v.

ORDER

PAUL RICHARDSON, et al.,

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Respondents.

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Petitioner is a state prisoner proceeding through appointed counsel with this habeas action

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filed pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2010 conviction in the Yolo County

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Superior Court on one count of transportation of methamphetamine and one count of possession

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of methamphetamine, in violation of Sections 11379(a) and 11377 of the California Health and

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Safety Code. Petitioner was sentenced to a prison term of 18 years. The operative Second

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Amended Petition was filed December 22, 2014, and respondent filed an answer on March 20,

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2015.

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Presently pending is petitioner’s motion to stay this action pending completion of

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petitioner’s newly-filed state court actions, which seek petitioner’s resentencing under

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California’s Proposition 47, the Safe Neighborhoods and Schools Act, approved by the voters on

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November 4, 2014. In pertinent part, the Act amended California’s Health and Safety Code

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Section 11377 to render possession of limited quantities of narcotic drugs a misdemeanor rather
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than a felony. Pursuant to this amendment, petitioner filed a motion in the trial court on March 5,

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2015, to reduce his conviction, which was denied. The motion included federal constitutional

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claims. On April 24, 2015, state-appointed appellate counsel filed a notice of appeal; the opening

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brief is due July 6, 2015.

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Federally-appointed habeas counsel now moves to stay this action until resolution of

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petitioner’s pending state court proceedings. Respondent declined to stipulate to a stay.

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Petitioner has scheduled this matter for hearing before this court on August 19, 2015. See ECF

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No. 59. The undersigned has determined that a hearing is unnecessary in this matter and issues

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the following briefing schedule.

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For good cause shown, IT IS HEREBY ORDERED that:

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1. Respondent shall, on or before July 24, 2015, file and serve a response to petitioner’s

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motion to stay.

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2. Petitioner shall, on or before August 7, 2015, file and serve a reply.

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3. The hearing scheduled for August 19, 2015 is vacated; the court will decide the motion

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on the papers unless the undersigned later determines that a hearing would be helpful.
4. Petitioner’s request for an extension of time to file a traverse to the Second Amended
Petition will be decided when the court addresses the fully-briefed motion to stay.

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SO ORDERED.

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DATED: June 29, 2015

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