Barrera v. Muniz

Filing 29

ORDER signed by Magistrate Judge Kendall J. Newman on 2/19/16 ORDERING that Petitioners motion for a stay and abeyance (Doc. No. 22 ) is DENIED as having been rendered moot; Respondent is directed to file a response to petitioners second amended habeas petition within 60 days from the date of this order. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ENRIQUE BARRERA,

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Petitioner,

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No. 2:14-cv-2260 JAM KJN P (TEMP)

v.

ORDER

W.L. MUNIZ, Warden,

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Respondent.

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Petitioner is a state prisoner, proceeding pro se, with a petition for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. In accordance with this court’s order issued on January 6, 2016,

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petitioner has filed a second amended petition containing all of his exhausted claims. Under the

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circumstances of this case, the court will deny petitioner’s motion for a stay and abeyance as

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having been rendered moot and will direct counsel for respondent to file a response to the second

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amended petition.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion for a stay and abeyance (Doc. No. 22) is denied as having been

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rendered moot;
2. Respondent is directed to file a response to petitioner’s second amended habeas

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petition within sixty days from the date of this order. See Rule 4, 28 U.S.C. foll. § 2254. An

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answer shall be accompanied by all transcripts and other documents relevant to the issues

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presented in the petition. See Rule 5, 28 U.S.C. foll. § 2254;

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3. If the response to the habeas petition is an answer, petitioner’s reply, if any, shall be
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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Dated: February 19, 2016

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barr2260.resp

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