Corral v. Warden of Folsom State Prison

Filing 16

ORDER signed by Magistrate Judge Kendall J. Newman on 7/2/15 ORDERING that Petitioners motion for stay (ECF No. 15 ) is DENIED without prejudice; and Petitioner is granted 60 days from the date respondent files a responsive pleading in which to file either (a) a reply, if the responsive pleading is an answer; or (b) an opposition, if the responsive pleading is a motion. (Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DYLAN SCOTT CORRAL, 12 Petitioner, 13 14 v. No. 2:14-cv-3007 KJN P ORDER WARDEN, FOLSOM STATE PRISON, 15 Respondent. 16 Petitioner is a state prisoner, proceeding without counsel. On June 15, 2015, petitioner 17 18 filed a motion to stay the instant case based on his housing in a mental health crisis bed. 19 Petitioner states he does not have access to “any legal documents,” and claims he should be 20 released in about two months. (ECF No. 15.) At present, petitioner is not facing an imminent deadline. Rather, respondent is required 21 22 to file a responsive pleading on or before July 8, 2015. (ECF No. 12.) Thus, a stay of this action 23 is not warranted. However, because petitioner anticipates being housed in the mental health 24 facility for the next two months, the undersigned will grant petitioner an extension of time in 25 which to file his reply to the responsive pleading. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. Petitioner’s motion for stay (ECF No. 15) is denied without prejudice; and 28 //// 1 1 2. Petitioner is granted sixty days from the date respondent files a responsive pleading in 2 which to file either (a) a reply, if the responsive pleading is an answer; or (b) an opposition, if the 3 responsive pleading is a motion. 4 Dated: July 2, 2015 5 6 /corr3007.eot 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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