Luebbers v. Arnold, et al

Filing 23

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)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOHN HAROLD LUEBBERS,

12

Petitioner,

13
14
15

No. 2: 15-cv-2348 MCE KJN P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

16

Respondent.

17
18

Petitioner is a state prisoner, proceeding through counsel, with a petition for writ of

19

habeas corpus pursuant to 28 U.S.C. § 2254. On August 8, 2016, this action was administratively

20

stayed pending petitioner’s exhaustion of unexhausted claims. (ECF No. 21.) On November 3,

21

2017, petitioner filed a notice stating that all claims are now exhausted. (ECF No. 22.)

22

In accordance with the above, IT IS HEREBY ORDERED that:

23

1. The stay in this action is lifted;

24

2. Respondent is directed to file a response to petitioner’s habeas petition within sixty

25

days from the date of this order. See Rule 4, 28 U.S.C. foll. § 2254. An answer shall be

26

accompanied by all transcripts and other documents relevant to the issues presented in the

27

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

28

////
1

1
2
3

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

4

to the Local Rules.

5

Dated: November 7, 2017

6
7
8
9
10

Lue2348.ord

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2