Young v. Montgomery

Filing 8

SCHEDULING ORDER 6 7 . (Illston, Susan) (Filed on 5/12/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BRIAN K. YOUNG, Case No. 15-cv-04780-SI Plaintiff, 8 v. SCHEDULING ORDER 9 10 W. L. MONTGOMERY, Re: Dkt. Nos. 6, 7 Defendant. United States District Court Northern District of California 11 12 13 About a month ago, respondent filed a motion to dismiss Brian Young’s federal petition 14 for writ of habeas corpus on the basis of abstention because Young had a habeas petition pending 15 in the California Supreme Court. Docket No. 6. Respondent now requests to withdraw the motion 16 to dismiss because the factual basis for it has ended -- the California Supreme Court has now 17 issued its order denying the state habeas petition. Docket No. 7. Respondent also requests that a 18 briefing schedule be set giving respondent 60 days to respond to the petition. 19 20 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. 21 The court now sets the following new briefing schedule on the petition: Respondent must 22 file and serve his answer to the petition on or before July 22, 2016. Petitioner must file his 23 traverse and serve a copy of it on respondent’s counsel on or before August 19, 2016. 24 25 26 27 28 IT IS SO ORDERED. Dated: May 12, 2016 ______________________________________ SUSAN ILLSTON United States District Judge

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