Plascencia v. People of the State of California

Filing 20

ORDER signed by Magistrate Judge Kendall J. Newman on 6/24/2015 GRANTING 16 Petitioner's motion to lift the Stay; the Clerk of the Court is directed to REOPEN the case; and Respondent is directed to file a responsive pleading, as instructed in 8 the Order dated 12/29/2014, within 60 days from the date of this order. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE PLASCENCIA,

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Petitioner,

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No. 2:14-cv-2412 WBS KJN P

v.

ORDER

DAVE DAVEY, Warden,

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Respondent.

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Petitioner is a state prisoner, proceeding without counsel. By order filed February 27,

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2015, the instant action was stayed pursuant to Kelly v. Small, 315 F.3d 1063, 1071 (9th Cir.

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2002). Petitioner has now filed a motion to lift stay, as well as a second amended petition for writ

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of habeas corpus.
Good cause appearing, petitioner’s motion to lift the stay is granted. Respondent shall file

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a responsive pleading within sixty days.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion to lift the stay (ECF No. 16) is granted;

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2. The Clerk of the Court is directed to reopen the case; and

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3. Respondent is directed to file a responsive pleading, as instructed in the December 29,

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2014 order, within sixty days from the date of this order.

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Dated: June 24, 2015

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/plas2412.lft

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