Fregia v. McDonald

Filing 16

ORDER REOPENING ACTION, LIFTING STAY AND SETTING BRIEFING SCHEDULE 14 15 (Illston, Susan) (Filed on 6/6/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARK ANTHONY FREGIA,

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United States District Court
For the Northern District of California

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No. C 11-3595 SI (pr)

Petitioner,

ORDER REOPENING ACTION,
LIFTING STAY AND SETTING
BRIEFING SCHEDULE

v.
MIKE McDONALD, warden,

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Respondent.
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This action was stayed and administratively closed so that petitioner, Mark Anthony

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Fregia, could exhaust state court remedies as to several of his claims for habeas relief. Fregia

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has filed a "request to reopen action [and] lift stay." (Docket # 15.) In the request, he reports

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that he has exhausted his state court remedies and is ready to proceed with consideration of his

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first amended petition (Docket # 9), as amended by Docket # 10. In the request, Fregia also

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clarifies that he does not intend to assert an ineffective assistance of counsel claim.

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Upon due consideration, the court GRANTS Fregia's request to reopen the action.

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(Docket # 15.) The stay is lifted. The clerk will reopen this action that had been closed

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administratively.1

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About ten days before filing the request to reopen the action and lift the stay, Fregia had filed
a motion to withdraw the stay and abeyance. In his request to reopen the action and lift the stay,
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Accordingly, the motion to withdraw the stay and abeyance is DISMISSED. (Docket # 14.)
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In order to move this action toward resolution, the court now sets the following briefing
schedule on the cognizable claims in the first amended petition, as amended:
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Respondent must file and serve upon petitioner, on or before August 3, 2012, an

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answer conforming in all respects to Rule 5 of the Rules Governing Section 2254 Cases,

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showing cause why a writ of habeas corpus should not be issued. Respondent must file with the

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answer a copy of all portions of the court proceedings that have been previously transcribed and

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that are relevant to a determination of the issues presented by the amended 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 September 7, 2012.
IT IS SO ORDERED.
DATED: June 6, 2012
SUSAN ILLSTON
United States District Judge

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