Stevens v. Ayers

Filing 73

ORDER VACATING BRIEFING ON EXHAUSTION AND SETTING SCHEDULE FOR ANSWER AND TRAVERSE by Judge William Alsup granting 72 Stipulation (dt, COURT STAFF) (Filed on 6/27/2014)

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CHARLES STEVENS,

No. C 09-137 WHA
Petitioner,

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ORDER VACATING BRIEFING ON
EXHAUSTION AND SETTING
SCHEDULE FOR ANSWER AND
TRAVERSE

v.

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KEVIN CHAPPELL,

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Warden of San Quentin State Prison,
Respondent.

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The Court is in receipt of the parties’ stipulated request to vacate the remaining briefing
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schedule on exhaustion, and to set a schedule for the filing of an answer and a traverse.
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Respondent has concluded that all of the claims in petitioner’s amended petition are properly
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exhausted; accordingly, the issue of exhaustion is now moot and the Court hereby VACATES the
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remaining briefing dates regarding exhaustion.
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Respondent’s answer to the amended petition will be due within 120 days of the date of
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this Order. Petitioner’s traverse will be due within 60 days of the filing of the answer. At that
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juncture, the Court will set a litigation schedule for resolution of petitioner’s claims, and
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schedule a CMC if necessary.
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IT IS SO ORDERED.
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DATED: June

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, 2014

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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE