Leonard v. Davis

Filing 50

ORDER signed by Magistrate Judge Allison Claire on 1/24/2019 GRANTING 46 Motion for Leave to File a Motion to Dismiss; ORDERING Respondent to file Motion to Dismiss within 7 days of the filing of this order; and VACATING the 2/6/2019 hearing on the motion. Respondent to notice the Motion to Dismiss to be heard at the same time as 49 Motion for Stay and Abeyance. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC ROYCE LEONARD,

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No. 2:17-cv-0796 JAM AC DP

Petitioner,
v.

ORDER

RON DAVIS,
Respondent.

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Currently before the court are respondent’s motion for leave to file a motion to dismiss

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(ECF No. 46) and petitioner’s motion for a stay and abeyance (ECF No. 49). Petitioner has also

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filed a statement of non-opposition in response to the motion for leave. ECF No. 48.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Respondent’s motion for leave to file a motion to dismiss (ECF No. 46) is granted and

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respondent shall file his motion to dismiss within seven days of the filing of this order.
2. Respondent shall notice the motion to dismiss to be heard at the same time as
petitioner’s motion for stay and abeyance.
3. The February 6, 2019 hearing on the motion for leave is vacated.
DATED: January 24, 2019