Luebbers v. Arnold, et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/07/17 ORDERING the stay in this action is lifted. Respondent is directed to file a response to petitioner's habeas petition within 60 days from the date of this order. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOHN HAROLD LUEBBERS,
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Petitioner,
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No. 2: 15-cv-2348 MCE KJN P
v.
ORDER
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
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Respondent.
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Petitioner is a state prisoner, proceeding through counsel, with a petition for writ of
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habeas corpus pursuant to 28 U.S.C. § 2254. On August 8, 2016, this action was administratively
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stayed pending petitioner’s exhaustion of unexhausted claims. (ECF No. 21.) On November 3,
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2017, petitioner filed a notice stating that all claims are now exhausted. (ECF No. 22.)
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. The stay in this action is lifted;
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2. Respondent is directed to file a response to petitioner’s habeas petition within sixty
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days from the date of this order. See Rule 4, 28 U.S.C. foll. § 2254. An answer shall be
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accompanied by all transcripts and other documents relevant to the issues presented in the
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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, the motion shall be noticed pursuant
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to the Local Rules.
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Dated: November 7, 2017
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Lue2348.ord
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