Musaelian v. Sonoma County Probation Dept.

Filing 19

ORDER REOPENING ACTION, LIFTING STAY AND SETTING BRIEFING SCHEDULE (SI, COURT STAFF) (Filed on 6/22/2011) (Additional attachment(s) added on 6/24/2011: # 1 Envelope) (tf, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANDREW MICHAEL MUSAELIAN,

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Petitioner,

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United States District Court
For the Northern District of California

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No. C 10-605 SI (pr)
ORDER REOPENING ACTION,
LIFTING STAY AND SETTING
BRIEFING SCHEDULE

v.
ROBERT OCHS, Chief Probation
Officer of Sonoma County,
Respondent.

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This action was stayed and administratively closed so that petitioner could exhaust state
court remedies as to several of the claims in the petition. Petitioner has filed a "first amended
petition for a writ of habeas corpus after exhaustion of state claims and to reopen the action"
(docket # 18) in which he explained that he has now exhausted state court remedies and is ready
to proceed. Respondent has not opposed the request to reopen.
Upon due consideration, the court GRANTS petitioner's request to reopen the action.
The stay is lifted. The clerk will reopen this action that had been closed administratively. In
order to move this action toward resolution, the court now sets the following briefing schedule
on the claims that were articulated in the petition and again in the first amended petition:
1.

Respondent must file and serve upon petitioner, on or before September 9, 2011,

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 court proceedings that have been previously transcribed and
that are relevant to a determination of the issues presented by the petition.

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2.

If petitioner wishes to respond to the answer, he must do so by filing a traverse

with the court and serving it on respondent on or before October 14, 2011.
IT IS SO ORDERED.
DATED: June 22, 2011
SUSAN ILLSTON
United States District Judge

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