Schoby v. Hedgpeth

Filing 7

ORDER GRANTING PETITIONER'S APPLICATION TO LIFT STAY; SETTING BRIEFING SCHEDULE re 6 . Respondent's answer due 10/31/08, petitioner's optional tranverse due 12/5/08. Signed by Judge Susan Illston.(SI, COURT STAFF) (Filed on 9/30/2008)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner has filed a motion to reopen this action and lift the stay. Petitioner informs the Court that on July 9, 2008, the Supreme Court of California denied petitioner's petition for a writ of habeas corpus. The Court GRANTS petitioner's motion. (Docket No. 6). The Clerk is directed to reopen this case. The Court previously found that petitioner's claims are cognizable in a federal habeas action. The Clerk shall serve by certified mail a copy of this order, the petition and all attachments thereto upon respondent and respondent's attorney, the Attorney General of the State of California. The Clerk shall also serve a copy of this order on petitioner and petitioner's counsel at the mailing address provided. Respondent must file and serve upon petitioner, on or before October 31, 2008, an answer conforming in all respects to Rule 5 of the Rules Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued. Respondent must file with the answer a copy of all portions of the transcript that have been previously transcribed and that are relevant to a determination of the issues presented by the petition. If petitioner wishes to respond to the answer, he must do so by v. ANTHONY HEDGPETH, Warden, California State Prison - Kern Valley, California Department of Corrections, Respondent. / WILLIE SCHOBY JR., Petitioner, No. C 07-5431 SI ORDER GRANTING PETITIONER'S APPLICATION TO LIFT STAY; SETTING BRIEFING SCHEDULE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

filing a traverse with the Court and serving it on respondent on or before December 5, 2008.

IT IS SO ORDERED.

Dated: September 30, 2008

SUSAN ILLSTON United States District Judge

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