Benjamin Tabayoyong Caridad v. Harry Oreol, et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BENJAMIN T. CARIDAD,
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No. 2:14-cv-1847 KJM AC P
Petitioner,
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v.
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HARRY OREOL,
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ORDER
Respondent.
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Petitioner seeks leave to proceed on his proposed Third Amended Petition for writ of
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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
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attached exhibits, ECF No. 73, is granted.
2. The Clerk of Court is directed to:
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A. Separately file and docket petitioner’s Third Amended Petition and exhibits
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(currently docketed at ECF Nos. 73-1 and 73-2); and
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B. Indicate on the docket that petitioner’s Third Amended Petition is the only
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currently operative petition in this case.
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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
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respondent’s reply.
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IT IS SO ORDERED.
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DATED: June 30, 2017
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