Ortega v. Gipson

Filing 11

ORDER signed by Magistrate Judge Kendall J. Newman on 2/25/14 DIRECTING RESPONDENT to File a Response to Petition within 60 days. Clerk to serve a copy of this order, a copy of the Petition and the Order re Consent on the Attorney General. Petitioner's 10 Motion to Lift Stay is GRANTED. (cc Michael Farrell)(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VICTOR ANTHONY ORTEGA,

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No. 2:13-cv-1913 KJM KJN P

Petitioner,
v.

ORDER

CONNIE GIPSON,

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Respondents.

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Petitioner, a state prisoner proceeding through counsel, has filed a motion to lift the stay.
Good cause appearing, the stay issued on November 1, 2013, is lifted.
Petitioner has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254,
and paid the filing fee.
Because petitioner may be entitled to relief if the claimed violation of constitutional rights
is proved, respondent will be directed to file a response to petitioner’s habeas petition.

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

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1. Petitioner’s motion to lift the stay (ECF No. 10) is granted; the November 1, 2013 stay

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is lifted;
2. Respondent is directed to file a response to petitioner’s habeas petition within sixty

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days from the date of this order. See Rule 4, 28 U.S.C. foll. § 2254. An answer shall be

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accompanied by all transcripts and other documents relevant to the issues presented in the
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petition. See Rule 5, 28 U.S.C. foll. § 2254;
3. If the response to the habeas petition is an answer, petitioner’s reply, if any, shall be

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filed and served within thirty days after service of the answer;
4. If the response to the habeas petition is a motion, petitioner’s opposition or statement

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of non-opposition to the motion shall be filed and served within thirty days after service of the

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motion, and respondent’s reply, if any, shall be filed and served within fourteen days thereafter;

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and

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5. The Clerk of the Court shall serve a copy of this order, and a copy of the petition for
writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant

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Attorney General.

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Dated: February 25, 2014

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/orte1913.100f

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