Garcia-Wehr v. Grounds

Filing 6

Order by Hon. Vince Chhabria denying as moot 5 Motion for Extension of Time to Answer and Directing Respondent to Respond to Petitioner's Motion for a Stay.(knm, COURT STAFF) (Filed on 6/11/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ARMANDO GARCIA-WEHR, Case No. 15-cv-00370-VC (PR) Petitioner, 8 v. 9 10 R. GROUNDS, Respondent. Re: Dkt. No. 5 11 United States District Court Northern District of California ORDER DENYING RESPONDENT'S MOTION FOR EXTENSION OF TIME AS MOOT AND DIRECTING RESPONDENT TO RESPOND TO PETITIONER'S MOTION FOR A STAY 12 13 On June 2, 2015, Petitioner Armando Garcia-Wehr filed a motion to stay his petition for a 14 writ of habeas corpus so that he may exhaust his claims by presenting additional evidence to the 15 state courts. On June 5, 2015, Respondent filed a motion for an extension of time to file an 16 answer or otherwise responsive pleading to the petition. Respondent’s motion is denied as moot. 17 Instead of filing an answer or response to the petition, Respondent is directed to respond, within 18 fourteen days from the date of this order, to Garcia-Wehr’s motion to stay the petition. If 19 Respondent does not oppose the motion, he shall so inform the Court. 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: June 11, 2015 ______________________________________ VINCE CHHABRIA United States District Judge 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ARMANDO GARCIA-WEHR, Case No. 15-cv-00370-VC Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 R. GROUNDS, Defendant. United States District Court Northern District of California 11 12 13 14 15 16 17 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on June 11, 2015, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 18 19 20 Armando Garcia-Wehr ID: AG-4922 Salinas Valley State Prison B3-131 PO Box 1050 Soledad, CA 93960 21 22 23 Dated: June 11, 2015 Richard W. Wieking Clerk, United States District Court 24 25 26 27 By:________________________ Kristen Melen, Deputy Clerk to the Honorable VINCE CHHABRIA 28 2

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