Bassett v Kernan

Filing 15

ORDER signed by Magistrate Judge Allison Claire on 2/2/2017 ORDERING petitioner shall have until 2/9/2017, to file an optional reply to respondent's opposition to her request for a Rhines stay.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TAMARA NICOLE BASSETT,

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Petitioner,

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No. 2:16-cv-2428 JAM AC P

v.

ORDER

SCOTT M. KERNAN,

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Respondent.

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Petitioner, a state prisoner proceeding through counsel, has filed a petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. On November 28, 2016, respondent filed a motion

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to dismiss which is set for hearing on February 15, 2017. ECF No. 6. In response to the motion

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to dismiss, petitioner requested that, if the court found her petition timely but her ineffective

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assistance of counsel claim unexhausted, she be granted a stay under Rhines v. Weber, 544 U.S.

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269 (2005). ECF No. 12 at 5-7. Although the request for stay was not put forth as a separate

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motion, in the interest of judicial efficiency and so that all issues are fully briefed prior to the

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February 15, 2017 hearing, the court will allow petitioner to reply to respondent’s opposition to

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the request for stay.

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Accordingly, IT IS HEREBY ORDERED that petitioner shall have until February 9,

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2017, to file an optional reply to respondent’s opposition to her request for a Rhines stay.

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DATED: February 2, 2017

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