Mizner v. Grounds

Filing 16

ORDER RE MOTION FOR STAY. Signed by Judge Charles R. Breyer on 1/3/2013. (crblc2, COURT STAFF) (Filed on 1/3/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 13 14 15 No. C 12-00288 CRB ANTHONY ROBERT MIZNER, ORDER RE MOTION FOR STAY Petitioner, v. RANDY GROUNDS, Respondent. / 16 17 Petitioner has moved (dkt. 15) to “stay and abey” these proceedings pending the 18 resolution of his anticipated motion in state court for resentencing under California’s 19 recently-enacted Proposition 36. See Cal. Penal Code § 1170.126. Petitioner’s papers 20 indicate that Respondent communicated an intent to oppose the motion. Respondent shall 21 submit a response to the motion to stay by 5:00 p.m. January 18, 2013. 22 IT IS SO ORDERED. 23 24 25 Dated: January 3, 2013 26 27 28 G:\CRBALL\2012\288\order re stay briefing.wpd CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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