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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 12-00288 CRB

ANTHONY ROBERT MIZNER,

ORDER RE MOTION FOR STAY

Petitioner,
v.
RANDY GROUNDS,
Respondent.

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Petitioner has moved (dkt. 15) to “stay and abey” these proceedings pending the

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resolution of his anticipated motion in state court for resentencing under California’s

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recently-enacted Proposition 36. See Cal. Penal Code § 1170.126. Petitioner’s papers

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indicate that Respondent communicated an intent to oppose the motion. Respondent shall

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submit a response to the motion to stay by 5:00 p.m. January 18, 2013.

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IT IS SO ORDERED.

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Dated: January 3, 2013

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G:\CRBALL\2012\288\order re stay briefing.wpd

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE