Young v. Montgomery
Filing
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SCHEDULING ORDER 6 7 . (Illston, Susan) (Filed on 5/12/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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BRIAN K. YOUNG,
Case No. 15-cv-04780-SI
Plaintiff,
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v.
SCHEDULING ORDER
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W. L. MONTGOMERY,
Re: Dkt. Nos. 6, 7
Defendant.
United States District Court
Northern District of California
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About a month ago, respondent filed a motion to dismiss Brian Young’s federal petition
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for writ of habeas corpus on the basis of abstention because Young had a habeas petition pending
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in the California Supreme Court. Docket No. 6. Respondent now requests to withdraw the motion
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to dismiss because the factual basis for it has ended -- the California Supreme Court has now
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issued its order denying the state habeas petition. Docket No. 7. Respondent also requests that a
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briefing schedule be set giving respondent 60 days to respond to the petition.
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Upon due consideration, the court GRANTS the request to withdraw the motion to dismiss.
Docket No. 7. The motion to dismiss is DISMISSED. Docket No. 6.
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The court now sets the following new briefing schedule on the petition: Respondent must
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file and serve his answer to the petition on or before July 22, 2016. Petitioner must file his
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traverse and serve a copy of it on respondent’s counsel on or before August 19, 2016.
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IT IS SO ORDERED.
Dated: May 12, 2016
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SUSAN ILLSTON
United States District Judge
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