Benjamin Tabayoyong Caridad v. Harry Oreol, et al

Filing 74

ORDER signed by Magistrate Judge Allison Claire on 06/30/17 granting 73 Motion for leave to proceed on his proposed third amended petition and attached exhibits. The clerk of the court is directed to: A. Separately file and docket petitioner' ;s Third Amended Petition and exhibits (currently docketed at ECF Nos. 73 -1 and 73 -2; and B. Indicate on the docket that petitioner's Third Amended Petition is the only currently operative petition in this case. The deadlines set forth in t he court's order filed 6/28/17 72 are vacated and rescheduled as follows: A. Petitioner shall, within 30 days after the filing date of this order, file and servea motion to stay the instant action pending exhaustion of his claims in the state courts; B. Respondent shall file and serve a response within 28 days after service ofpetitioners motion; and C. Petitioner may file and serve a reply within 14 days after service ofrespondents reply.. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

BENJAMIN T. CARIDAD,

12

No. 2:14-cv-1847 KJM AC P

Petitioner,

13

v.

14

HARRY OREOL,

15

ORDER

Respondent.

16
Petitioner seeks leave to proceed on his proposed Third Amended Petition for writ of

17
18

habeas corpus. For good cause shown, IT IS HEREBY ORDERED that:
1. Petitioner’s motion for leave to proceed on his proposed Third Amended Petition and

19
20

attached exhibits, ECF No. 73, is granted.
2. The Clerk of Court is directed to:

21

A. Separately file and docket petitioner’s Third Amended Petition and exhibits

22

(currently docketed at ECF Nos. 73-1 and 73-2); and

23

B. Indicate on the docket that petitioner’s Third Amended Petition is the only

24

currently operative petition in this case.

25
26

////

27

////

28

////

1
2
3
4
5
6
7

3. The deadlines set forth in the court’s order filed June 28, 2017 (ECF No. 72) are
vacated, and rescheduled as follows:
A. Petitioner shall, within 30 days after the filing date of this order, file and serve
a motion to stay the instant action pending exhaustion of his claims in the state courts;
B. Respondent shall file and serve a response within 28 days after service of
petitioner’s motion; and
C. Petitioner may file and serve a reply within 14 days after service of

8

respondent’s reply.

9

IT IS SO ORDERED.

10

DATED: June 30, 2017

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2