Vera v. Murphy
Judge F. Dennis Saylor, IV: ORDER entered. SCHEDULING ORDER (Halley, Taylor)
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
Civil Action No.
This is a pro se petition for a writ of habeas corpus made pursuant to 28 U.S.C. § 2254.
On March 24, 2017, respondent moved to dismiss the petition for failure to exhaust state
remedies. On May 24, 2017, petitioner moved to stay resolution of his unexhausted ineffectiveassistance claim pending the exhaustion of his state-court remedies. On June 1, 2017, the Court
entered an order dismissing petitioner’s unexhausted claim. Respondent filed an answer on
October 10, 2017, and petitioner filed a four-page response on February 2, 2018.
On February 12, 2018, respondent filed a motion for a scheduling order. That order will
be granted as follows:
1. To the extent that petitioner’s February 2, 2018 response is not a memorandum in
support of his petition for a writ of habeas corpus, petitioner may file such a
memorandum by April 13, 2018.
2. Respondent may file a memorandum in opposition within 60 days of petitioner’s
filing of his memorandum in support.
3. To the extent that petitioner’s February 2, 2018 response is a memorandum in support
of his petition for a writ of habeas corpus, respondent may file a memorandum in
opposition by April 13, 2018.
4. Respondent is given leave to respond to petitioner’s request for an evidentiary hearing
when respondent addresses the merits of the petition.
/s/ F. Dennis Saylor IV
F. Dennis Saylor IV
United States District Judge
Dated: February 13, 2018
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