Evans v. Jenkins

Filing 18

ORDER (Illston, Susan) (Filed on 5/22/2019)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

KERA EVANS,
Petitioner,

8
9

ORDER

v.

10

JENKINS,
Respondent.

11

United States District Court
Northern District of California

Case No. 18-cv-02716-SI

12

On January 10, 2019, the court stayed this case because a lapse in appropriations for the U.S.

13

Department of Justice affected the availability of counsel for respondent to work on the case. Docket

14

No. 16. Intending that the stay dissolve once the lapse in appropriations ended and that the parties

15

would thereafter resume their briefing duties, the court wrote: “This case is now STAYED until the

16

day after Congress restores funding for the U.S. Department of Justice. Within twenty-one days of

17

Congress restoring funding for the U.S. Department of Justice, respondent must file his answer to

18

the petition. Within thirty days of receipt of respondent’s answer, petitioner must file her traverse

19

in support of her petition for writ of habeas corpus.” Id. Respondent timely filed his response to

20

the petition on February 5, 2019, but petitioner never filed a traverse. It is possible that petitioner

21

was waiting for a formal order lifting the stay even though such an order was not necessary. Out of

22

an abundance of caution, so that petitioner does not miss her opportunity to file a traverse, the court

23

now confirms that the STAY IS LIFTED and permits petitioner to file her traverse no later than

24

June 14, 2019.

25
26
27
28

IT IS SO ORDERED.
Dated: May 22, 2019
______________________________________
SUSAN ILLSTON
United States District Judge