Schneider v. MacDonald et al

Filing 18

ORDER VACATING STAY AND SETTING MOTION DEADLINE. Signed by Judge Alsup on June 16, 2011. (whalc2, COURT STAFF) (Filed on 6/16/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 10-5753 WHA

Petitioner,
For the Northern District of California

United States District Court

MICHAEL SCHNEIDER,
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vs.
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JIM MACDONALD, Warden at La
Palma Correctional Center (Eloy, AZ),
and MATTHEW CATE, Secretary of
California Department of Corrections
and Rehabilitation,

ORDER VACATING STAY AND
SETTING MOTION DEADLINE

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Respondents.
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/

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Given the response by petitioner’s counsel indicating that the state petition was denied
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by the California Supreme Court on June 8, the order to show cause is discharged and the stay
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that was imposed pending completion of state court review is VACATED. Petitioner’s counsel
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shall fix the problems they had with paying attention to properly-served orders. We may now
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proceed with this action. Petitioner’s counsel state that they wish to move for leave to amend
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the petition. They shall do so by JULY 6, 2011, AT NOON. They shall append the proposed
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amended petition and indicate what is new. If they do not file their motion by the deadline, we
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will proceed on the extant petition.
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IT IS SO ORDERED.

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Dated: June 16, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE