Ayala v. Lewis

Filing 25

ORDER DISSOLVING STAY; DIRECTING RESPONDENT TO FILE RESPONSE TO FIRST AMENDED PETITION; SETTING COMPLIANCE HEARING RE: CASE STATUS. Compliance hearing is set for Friday, 11/18/2016 09:01 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 10/19/16. (fs, COURT STAFF) (Filed on 10/19/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JORGE AYALA,
Petitioner,

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vs.

Case No.: 11-cv-5708 YGR
ORDER DISSOLVING STAY; DIRECTING
RESPONDENT TO FILE RESPONSE TO FIRST
AMENDED PETITION; SETTING COMPLIANCE
HEARING RE: CASE STATUS

GREG LEWIS,
Respondent.

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On May 17, 2013, the Court issued an order denying Respondent’s motion to dismiss and
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Northern District of California

United States District Court

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staying the instant habeas proceedings until further order of the Court. (Dkt. No. 7.) The matter was
stayed pending Petitioner’s exhaustion of his state judicial remedies. Petitioner was also ordered to
file periodic status reports regarding the exhaustion of his state judicial remedies.
On February 6, 2015, Petitioner, by his counsel, indicated that he intended to file either an

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amended petition with only fully exhausted claims or file an exhaustion petition. (Dkt. No. 12.) On

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September 25, 2015, Petitioner filed his First Amended Petition for writ of habeas corpus, along with

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points and authorities in support of the petition. (Dkt. Nos. 19, 20, 21.) However, no request to lift

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the stay was filed at that time or thereafter.

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The Court hereby ORDERS that the stay in this matter is DISSOLVED. Respondent is directed
to file its response to the First Amended Petition within 21 days of this Order.

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A compliance hearing regarding the status of the First Amended Petition and response thereto

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is SET for Friday, November 18, 2016, on the Court’s 9:01 a.m. calendar, in the Federal Courthouse,

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1301 Clay Street, Oakland, California, Courtroom 1. If Respondent has filed a timely response to the
petition, or a statement explaining failure to do so, the compliance hearing will be vacated.
IT IS SO ORDERED.

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Dated: October 19, 2016
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE