Dang v. McEwan

Filing 6

Order Setting Briefing Schedule on Motion for Stay and Abeyance. Signed by Magistrate Judge William V. Gallo on 10/31/11.(All non-registered users served via U.S. Mail Service/CC: Attorney General w/copies of Order, Petition, and Motion)(ecs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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NGHIEM D. DANG,

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11-1955-BTM(WVG)

Petitioner,

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Civil No.

ORDER SETTING BRIEFING
SCHEDULE ON MOTION FOR
STAY AND ABEYANCE

v.
L.S. MCEWAN, Warden,

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Respondent.

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On July 28, 2011, Petitioner, proceeding pro se, submitted a Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2254 along with a Motion to Stay the proceedings. In
accordance with Rule 4 of the rules governing petitions for a writ of habeas corpus pursuant to
28 U.S.C. § 2254, and upon a preliminary review of the Petition and Petitioner’s Motion for
Stay, IT IS ORDERED that:
1.

The Clerk of this Court shall promptly (a) serve a copy of the Petition, the Motion

for Stay, and a copy of this Order on the Attorney General for the State of California, or his
authorized agent; and (b) serve a copy of this Order on Petitioner.
2.

Petitioner shall file, no later than December 2, 2011, a document entitled

“Supplemental Motion for Stay and Abeyance.” In this document, Petitioner shall address how
he has satisfied the requirements for granting a stay and abeyance set forth by the United States
Supreme Court in Rhines v. Weber, 544 U.S. 269 (2005). In Rhines, the Court stated that a
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petitioner must show he “had good cause for his failure to exhaust, his unexhausted claims are

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potentially meritorious, and there is no indication that the petitioner engaged in intentionally

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dilatory litigation tactics.” Id. at 278;

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3.

Respondent may file, no later than December 23, 2011, an Opposition to

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Petitioner’s Motion for Stay and Abeyance addressing whether Petitioner meets the standard set

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forth in Rhines; and

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4.

Petitioner may file, no later than January 13, 2012, a Reply to Respondent’s

Opposition.
IT IS SO ORDERED.
DATED: October 31, 2011

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Hon. William V. Gallo
U.S. Magistrate Judge

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