Menke v. Ponce

Filing 24

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/20/16 ORDERING that petitioner's unopposed request to stay further action in this section 2241 matter is GRANTED. This matter shall be held in abeyance until such time as the Ninth Cir cuit grants or denies Petitioners application for leave to file a second or successive habeas petition. Petitioner will notify the Court with 14 days of a ruling on his application. Petitioners motion to amend the order granting respondent an extension of time to respond to the petition (ECF No. 19 ) is DENIED as moot.(Dillon, M)

1
2
3
4
5
6

HEATHER E. WILLIAMS, Bar #122664
Federal Defender
ANN C. McCLINTOCK, Bar # 141313
Assistant Federal Defender
Designated Counsel for Service
801 I Street, 3rd Floor
Sacramento, CA 95814
Telephone: [phone]
Attorney for Petitioner
ROBERT EDWARD MENKE

7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ROBERT EDWARD MENKE,
Petitioner,

12
13

v.

14
15
16

FELICIA PONCE, WARDEN,
Respondent.

)
) NO. 2:15-cv-01524-JAM-EFB HC
)
) [PROPOSED] ORDER
) GRANTING STAY
)
)
)
)
)
)
)

17
18
19

For good cause shown, Petitioner’s unopposed request to stay further action
in this section 2241 matter is GRANTED. This matter shall be held in abeyance

20
21
22
23

until such time as the Ninth Circuit grants or denies Petitioner’s application for
leave to file a second or successive habeas petition. Petitioner will notify the Court
with 14 days of a ruling on his application. Petitioner’s “motion to amend” the

24
25

order granting respondent an extension of time to respond to the petition (ECF No.

26

19) is denied as moot.

27
28

DATED: June 20, 2016